Tenant's PAR Dismissed Based on Procedural Defects

LVT Number: #31850

Rent-stabilized tenant filed a Petition for Administrative Review (PAR) of the DRA's order granting landlord's MCI rent increase application. The DHCR rejected the PAR for procedural defects and advised tenant to properly refile the PAR within 35 days from the date the rejection order was issued. DHCR warned tenant that failure to comply with all procedural requirements within 35 days could result in dismissal of tenant's appeal. Tenant timely refiled the PAR, but DHCR dismissed it, again for procedural defects.

Rent-stabilized tenant filed a Petition for Administrative Review (PAR) of the DRA's order granting landlord's MCI rent increase application. The DHCR rejected the PAR for procedural defects and advised tenant to properly refile the PAR within 35 days from the date the rejection order was issued. DHCR warned tenant that failure to comply with all procedural requirements within 35 days could result in dismissal of tenant's appeal. Tenant timely refiled the PAR, but DHCR dismissed it, again for procedural defects. The re-filed PAR wasn't filed with an additional photocopy, it failed to set forth the name and address of the building owner affected by the PAR, and a copy of the DRA's order wasn't filed with the PAR. This dismissal was a final administrative order by the DHCR.

Santana: DHCR Adm. Rev. Docket No. JX130014RT (1/19/22)[1-pg. document]

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