PAR Not Filed on Time

January 1, 1999

LVT Number: 12908

The DRA ordered a rent reduction for tenant, and landlord appealed. The DHCR dismissed landlord's PAR because it wasn't filed on time, and landlord appealed. The court and appeals court ruled against landlord. Landlord's mere denial that it hadn't received the rent reduction order was insufficient to counter the presumption that it had been received. The DHCR had presented proof of mailing, including sworn statements from its employees concerning routine office procedures followed in mailing rent reduction orders.

The DRA ordered a rent reduction for tenant, and landlord appealed. The DHCR dismissed landlord's PAR because it wasn't filed on time, and landlord appealed. The court and appeals court ruled against landlord. Landlord's mere denial that it hadn't received the rent reduction order was insufficient to counter the presumption that it had been received. The DHCR had presented proof of mailing, including sworn statements from its employees concerning routine office procedures followed in mailing rent reduction orders.

Kansas Leasing LP v. DHCR: 679 NYS2d 699 (1998) (App. Div. 2 Dept.; Rosenblatt, JP, Copertino, McGinity, Luciano, JJ)

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