PAR Sent by Fed Ex More Than 35 Days after DRO Order Issued Was Dismissed as Untimely

Tenant filed a PAR to appeal a DHCR Rent Administrator's order issued on May 19, 2022. The DHCR dismissed the PAR because it was filed more than two years after the DRA's order was issued. Tenant claimed that he wasn't properly served with the DRA's order. But this was no excuse for the untimely filing. A PAR must be postmarked not more than 35 days after the date of the DRA's order. In this case, tenant sent the PAR by Federal Express on May 1, 2024, and it was received at the DHCR's office on May 2, 2024. The May 1, 2024, "ship date" is equivalent to the required postmark date. The DHCR also noted that the DRA Order it mailed to tenant wasn't returned as undeliverable.

McMahan: DHCR Adm. Rev. Docket No. MQ410023RT (6/25/24)[2-pg. document]