Landlord's PAR Dismissed as Untimely

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord appealed, but the DHCR rejected landlord's PAR as untimely. The envelope containing the PAR that landlord mailed to the DHCR was returned to landlord from the U.S. Postal Service for insufficient postage. But that envelope contained no postal date stamp. So there was no proof of when landlord's PAR actually was mailed to the DHCR. In addition, the sworn statement included with landlord's PAR was notarized on Jan. 18, 2013, which was 36 days after the date that the underlying DRA decision was issued. So landlord's PAR wasn't filed within 35 days, as required by Rent Stabilization Code Section 2529.2. The regulations contain no provision permitting an extension of time for the filing of an untimely PAR.

SSW 188, LLC/Sasson: DHCR Adm. Rev. Docket No. BM610023RO (1/31/14) [2-pg. doc.]