No Time Limit to File Request

Landlord applied for high-rent/high-income deregulation of tenant's apartment. Landlord claimed that the apartment had become rent-stabilized solely pursuant to Real Property Tax Law 421-a, and that the exemption from luxury deregulation for 421-a units didn't apply anymore because the building's 421-a tax benefits had expired. The DHCR ruled against landlord. The DHCR found that tenant moved into the apartment on Oct. 1, 1996, after the 421-a benefits expired, so the apartment wasn't subject to rent regulation anyway. Tenant later requested reconsideration of the DHCR's order. She said that she actually moved into the apartment in 1994 while the building was still subject to the 421-a program. The DHCR reopened the case. Landlord objected, claiming that, under DHCR Policy Statement 91-5, a request for reconsideration must be filed within 60 days. Tenant waited more than four months to do so.
The DHCR ruled against landlord. DHCR's Policy Statement also states that request for reconsideration of DHCR orders based on illegalities weren't time limited. Illegality was defined as an action by the DHCR that is contrary to the principles of law, representing a complete defect in the proceedings. The DHCR's prior rulings were factually and legally incorrect so they qualified both as an illegality and an irregularity in a vital matter. The case was properly reopened for reconsideration.

Rivergate L.P.: DHCR Adm. Rev. Docket No. WG410006RK (9/25/08) [6-pg. doc]