New Landlord Didn't File PAR on Time

July 31, 1997

LVT Number: 11672

New landlord filed a PAR after the 35-day deadline for an appeal of a DRA decision. The DHCR dismissed landlord's PAR as untimely, and landlord appealed. The court and appeals court ruled against landlord. The Rent Stabilization Code requires that PARs be filed within 35 days. And landlord didn't send the DHCR a notice of change of ownership within 30 days of the sale of the building, as required by the Code. There is no provision in the Code for a waiver of the PAR filing deadline when landlord doesn't file an ownership change notification form.

New landlord filed a PAR after the 35-day deadline for an appeal of a DRA decision. The DHCR dismissed landlord's PAR as untimely, and landlord appealed. The court and appeals court ruled against landlord. The Rent Stabilization Code requires that PARs be filed within 35 days. And landlord didn't send the DHCR a notice of change of ownership within 30 days of the sale of the building, as required by the Code. There is no provision in the Code for a waiver of the PAR filing deadline when landlord doesn't file an ownership change notification form.

Matter of Duke 367 Realty Corp. v. Aponte: NYLJ, p. 30, col. 3 (7/1/97) (App. Div. 2 Dept.; Mangano, PJ, Copertino, Florio, McGinity, JJ)

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