Tenant's PAR Properly Dismissed as Untimely

March 17, 2015

LVT Number: #26020

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who then filed a PAR. The DHCR dismissed tenant's PAR as untimely. Tenant then filed an Article 78 court petition claiming that the DHCR's decision was unreasonable. The court ruled against tenant. Rent Stabilization Code Section 2529.2 requires that a PAR be filed within 35 days after the issuance date of a DHCR rent administrator's order. Tenant's PAR was filed after the 35-day deadline.

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who then filed a PAR. The DHCR dismissed tenant's PAR as untimely. Tenant then filed an Article 78 court petition claiming that the DHCR's decision was unreasonable. The court ruled against tenant. Rent Stabilization Code Section 2529.2 requires that a PAR be filed within 35 days after the issuance date of a DHCR rent administrator's order. Tenant's PAR was filed after the 35-day deadline. Contrary to tenant's claim, the Labor Day holiday wasn't excluded in counting the 35-day period because it wasn't the day on which the time limit expired. 

Ross v. DHCR: 998 N.Y.S.2d 888, 2015 NY Slip Op 00831 (App. Div. 1 Dept.; 2/3/15; Friedman, JP, Andrias, Saxe, Richter, Gische, JJ)

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