PAR Filed Too Late

April 1, 1997

LVT Number: 11369

Landlord filed a PAR against a DRA rent-reduction order more than 35 days after the DRA's order was issued. The DHCR dismissed landlord's PAR for not being filed on time. Landlord appealed, claiming that it hadn't received the DHCR's order. The court ruled against landlord. Landlord's mere denial of receipt of the order wasn't enough to overcome the presumption that it was mailed by the DRA. DHCR employees submitted sworn statements concerning routine office procedure followed when mailing out DRA orders.

Landlord filed a PAR against a DRA rent-reduction order more than 35 days after the DRA's order was issued. The DHCR dismissed landlord's PAR for not being filed on time. Landlord appealed, claiming that it hadn't received the DHCR's order. The court ruled against landlord. Landlord's mere denial of receipt of the order wasn't enough to overcome the presumption that it was mailed by the DRA. DHCR employees submitted sworn statements concerning routine office procedure followed when mailing out DRA orders.

Panama Leasing Co. v. DHCR: NYLJ, p. 33, col. 3 (3/21/97) (App. Div. 2 Dept.; Thompson, JP, Florio, McGinity, Luciano, JJ)

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