Landlord's Appeal of HPD Ruling Was Untimely

September 25, 2014

LVT Number: #25753

Landlord filed an Article 78 court petition against HPD, seeking to reverse the agency's ruling that his 2011 building registration wasn't valid. Landlord asked the court for an order directing HPD to correct its records or provide an official letter that the agency had made a mistake. HPD asked the court to dismiss the case, claiming that it was untimely. The invalid registration had resulted in the dismissal of a rent claim by landlord against a tenant who signed a lease but never moved into the building. The court ruled against landlord. A Sept.

Landlord filed an Article 78 court petition against HPD, seeking to reverse the agency's ruling that his 2011 building registration wasn't valid. Landlord asked the court for an order directing HPD to correct its records or provide an official letter that the agency had made a mistake. HPD asked the court to dismiss the case, claiming that it was untimely. The invalid registration had resulted in the dismissal of a rent claim by landlord against a tenant who signed a lease but never moved into the building. The court ruled against landlord. A Sept. 28, 2012, letter from HPD and an Oct. 16, 2012, report by the special referee in the rent proceeding served as notice to landlord that HPD considered the registration invalid. Landlord's attempt to negotiate with HPD didn't toll the time period for filing an appeal of HPD's decision.

Pasternack v. HPD: Index No. 101310/13, NYLJ No. 1202665951634 (Sup. Ct. NY; 7/3/14; Stallman, J)

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