Landlord Can Appeal Final Portions of DHCR Order

LVT Number: 10414

(DHCR Opinion Letter submitted by Manhattan attorney Eileen O'Toole, who represented the landlord.) Tenants complained of a reduction in services. The DRA ruled for tenants, and landlord appealed. The DHCR ruled against landlord on some issues but sent the case back to the DRA for further consideration of other issues. The DHCR's PAR decision notified landlord that any court appeal must be filed within 60 days. Landlord asked the DHCR whether the PAR ruling would be considered a final administrative determination, given that the case was sent back to the DRA to decide a number of issues.

(DHCR Opinion Letter submitted by Manhattan attorney Eileen O'Toole, who represented the landlord.) Tenants complained of a reduction in services. The DRA ruled for tenants, and landlord appealed. The DHCR ruled against landlord on some issues but sent the case back to the DRA for further consideration of other issues. The DHCR's PAR decision notified landlord that any court appeal must be filed within 60 days. Landlord asked the DHCR whether the PAR ruling would be considered a final administrative determination, given that the case was sent back to the DRA to decide a number of issues. A court appeal can only be filed if the DHCR's decision is final. In an opinion letter the DHCR stated that with regard to the issues that the DHCR made a final ruling on, the PAR would be considered a final administrative determination. The DHCR would not take the position that there was no final administrative determination with regard to those issues if landlord chose to appeal. The DHCR's position on this question had been decided in a prior court case.

DHCR Opin. Ltr. by Nathaniel Geller (11/2/95) [8-page document]

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