Tenant Filed Court Appeal Instead of Filing PAR

June 30, 1995

LVT Number: 9858

Tenant complained of a rent overcharge. The DRA ruled for tenant. Tenant appealed, claiming that she should have been awarded triple damages in addition to the overcharge finding. But tenant didn't file a PAR with the DHCR. Instead she filed an Article 78 petition with the State Supreme Court. The court ruled against tenant and dismissed her petition. The court couldn't review the DHCR's actions unless tenant filed a PAR and the DHCR ruled on it. Since tenant hadn't filed a PAR, she couldn't file an Article 78 petition.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Tenant appealed, claiming that she should have been awarded triple damages in addition to the overcharge finding. But tenant didn't file a PAR with the DHCR. Instead she filed an Article 78 petition with the State Supreme Court. The court ruled against tenant and dismissed her petition. The court couldn't review the DHCR's actions unless tenant filed a PAR and the DHCR ruled on it. Since tenant hadn't filed a PAR, she couldn't file an Article 78 petition. Tenant was notified of her right to file a PAR with her copy of the DRA's order.

Matter of Glendora: NYLJ, p. 30, col. 4 (6/20/95) (App. Div. 2 Dept.; Balletta, JP, Copertino, Altman, Goldstein, JJ)

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