Tenant Filed Complaint One Day Late

LVT Number: 9195

Tenants filed a fair market rent appeal on Sept. 28, and the DRA dismissed it because it wasn't filed within 90 days of the date landlord sent them the initial RR-1 registration. Tenants appealed, arguing that they should have had 90 days to file their appeal after getting the RR-1 form. Landlord had mailed the form on June 29, but tenants didn't get it until July 5. The DHCR upheld the DRA's ruling. The 90-day clock started running on the date landlord mailed the form---not on the date tenants received it. So, they missed the deadline by one day.

Tenants filed a fair market rent appeal on Sept. 28, and the DRA dismissed it because it wasn't filed within 90 days of the date landlord sent them the initial RR-1 registration. Tenants appealed, arguing that they should have had 90 days to file their appeal after getting the RR-1 form. Landlord had mailed the form on June 29, but tenants didn't get it until July 5. The DHCR upheld the DRA's ruling. The 90-day clock started running on the date landlord mailed the form---not on the date tenants received it. So, they missed the deadline by one day.

319 West 105th Street, Apt. 4F: DHCR Adm. Rev. Dckt. No. BK 430135-RT (6/16/94) [3-page document]

Downloads

BK430135-RT.pdf175.84 KB