Request for Reconsideration of DHCR Order Must Be Filed Within 95 Days

Rent-stabilized tenant complained to the DHCR that landlord had failed to correct a lease renewal as directed by a prior DHCR order. The DRA ruled that landlord had failed to give tenant a correct lease as ordered, and directed landlord to correct the lease. If it failed to do so, tenant could file a noncompliance complaint with the DHCR. Landlord appealed and asked that the DHCR reconsider the original 2015 order directing correction of tenant's renewal lease. The DHCR ruled against landlord. Landlord didn't file a PAR appealing the original order and was required to do so within 35 days if appealing. In addition, the DHCR's Policy Statement 91-5 permits the DHCR to reconsider decisions based on fraud, illegality, or irregularity in a vital matter. But Requests for Reconsideration must be filed within 95 days of a DHCR order. If filed later, such requests will be automatically denied unless the requester can prove it was unable to make the request within the required 95-day period. In this case, landlord's reconsideration request was filed too late.

2723 Webb Funding LLC: DHCR Adm. Rev. Docket No. FM610066RO (8/25/17) [3-pg. doc.]