Tenant's Court Challenge to DHCR Ruling Not Filed on Time
LVT Number: 18198
Landlord applied for high-rent/high-income deregulation of tenant's apartment. Tenant didn't respond to two separate notices of landlord's application from the DRA. The DRA ruled for landlord. Tenant appealed and lost. Tenant then filed a court challenge to the DHCR's ruling, claiming that it was unreasonable. The court ruled against tenant because his court challenge wasn't filed on time. Tenant appealed and lost. Tenant didn't file the court challenge within 60 days of the DHCR's order, as required by law. He didn't claim that he never received the DHCR's order or that the agency's mailroom procedures were improper or negligent. In addition, the DHCR's ruling was reasonable based on tenant's failure to answer the notice of landlord's application.
Bennissim v. Calogero: NYLJ, 6/6/05, p. 26, col. 3 (App. Div. 1 Dept.; Saxe, JP, Sullivan, Nardelli, Williams, JJ)