Landlord Started Court Case Against DHCR on Time

(Decision submitted by Daniel Roskoff of the Queens law firm of Horing & Welikson, PC, attorneys for the landlord.) Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed to the court. The DHCR claimed that landlord's court case wasn't filed on time because it was filed more than 60 days after the DHCR's order was issued on June 21, 1996. Landlord claimed it didn't receive the DHCR's order until it received a copy from tenant's attorney on Aug. 1, 1996, by fax. Landlord brought its court case within 60 days of that date. The court ruled for landlord. Under case law, the time to start a challenge to an agency decision in court doesn't start to run until a party is told of the decision being appealed. Since landlord proved that it hadn't received the order until Aug. 1, its court case was on time.

Y. Zevzal Realty Assoc. v. DHCR: Index No. 18629/96 (11/25/98) [2-pg. doc.]