Late PAR Accepted Because DRA Didn't Mail Copy of Order to Tenants' Attorney

Landlord applied to the DHCR for MCI rent hikes based on elevator upgrading. The DRA ruled for landlord and increased tenants' rents. The DHCR dismissed the tenant association's PAR because it was filed almost one year after the DRA's order was issued. By law, a PAR must be filed within 35 days. Tenants filed a Request for Reconsideration. They pointed out that no copy of the DRA's order was mailed to the attorney who represented them before the DRA. The DHCR ruled for tenants and reopened the case. This was a procedural due process error, causing an irregularity in a vital matter. So tenant's PAR was deemed timely and the case was reopened for further consideration on the merits.

Riverton Tenants' Association: DHCR Adm. Rev. Docket No. LT410002RP (6/14/24)[4-pg. document]