Late Filing of PAR Not Excused by Tenant's COVID Infection

Tenant complained to the DHCR of rent overcharge. The DRA ruled against tenant, who then filed a PAR to appeal. The DHCR rejected tenant's PAR as untimely. Tenant acknowledged with her filing that the PAR was postmarked on Jan. 28, 2022, which was more than 35 days after the date that the DRA's order was issued. Tenant said that she filed the PAR one day late because she contracted COVID-19 and tested positive for the virus on Jan. 7, 2022. Her mother also became ill. Tenant stated that she didn't want to infect anyone, including a notary and the mail clerk. She also claimed that due to COVID "brain fog" she miscounted the due date of the PAR. The DHCR noted that any request to extend the time to file a PAR or to excuse the late filing of a PAR won't be considered. The Rent Stabilization Code didn't provide for such extensions, and the DHCR had no authority to extend the time to file a PAR. The requirement that a PAR be filed within 35 days after a DRA order is issued is strictly enforced.

Santa: DHCR Adm. Rev. Docket No. KM410040RT (2/4/22)[2-pg. document]