PAR Not Filed on Time

April 1, 1999

LVT Number: 13128

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR dismissed landlord's PAR as untimely. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. The DHCR showed that it had followed normal mailing procedures for sending the DRA's decision to landlord. The law required landlord to file a PAR within 35 days. Landlord's mere denial of receipt wasn't enough to overcome the presumption that it had received the DRA decision.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DHCR dismissed landlord's PAR as untimely. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. The DHCR showed that it had followed normal mailing procedures for sending the DRA's decision to landlord. The law required landlord to file a PAR within 35 days. Landlord's mere denial of receipt wasn't enough to overcome the presumption that it had received the DRA decision.

Nelson Mgmt. Group Ltd. v. DHCR: NYLJ, p. 27, col. 3 (3/29/99) (App. Div. 1 Dept.; Ellerin, PJ, Sullivan, Lerner, Rubin, JJ)

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