Challenge to Emergency Repair Charges Was Untimely

February 1, 1998

LVT Number: 12075

Landlord sued to appeal HPD determination that imposed certain emergency repair charges. HPD claimed that landlord's appeal was untimely. The court and appeals court ruled for HPD and dismissed the case. Landlord was notified of HPD's determination, at the very latest, by letters dated Aug. 24 and Sept. 28, 1995. Landlord didn't file its appeal until Feb. 6, 1996---over four months after HPD's letters were issued. So the appeal was time-barred by law.

Landlord sued to appeal HPD determination that imposed certain emergency repair charges. HPD claimed that landlord's appeal was untimely. The court and appeals court ruled for HPD and dismissed the case. Landlord was notified of HPD's determination, at the very latest, by letters dated Aug. 24 and Sept. 28, 1995. Landlord didn't file its appeal until Feb. 6, 1996---over four months after HPD's letters were issued. So the appeal was time-barred by law.

D'Amato v. HPD: NYLJ, p. 27, col. 1 (1/29/98) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Tom, Andrias, JJ)

Topics

More like this