Landlord Claimed It Wasn't Notified of Overcharge Ruling

September 30, 1995

LVT Number: 10041

Tenant complained of a rent overcharge. The DRA ruled for tenant in February 1991 and ordered landlord to refund $42,000 to tenant. Landlord appealed more than a year later. The DHCR dismissed landlord's PAR as untimely because it was filed more than 35 days after the DRA's order was issued. Landlord then appealed in court. Landlord claimed it never received the DRA's order. Its first notice of the DRA's ruling was when judgment was entered against it for the $42,000 in February 1992. The court ruled against landlord and dismissed its petition. Landlord appealed again.

Tenant complained of a rent overcharge. The DRA ruled for tenant in February 1991 and ordered landlord to refund $42,000 to tenant. Landlord appealed more than a year later. The DHCR dismissed landlord's PAR as untimely because it was filed more than 35 days after the DRA's order was issued. Landlord then appealed in court. Landlord claimed it never received the DRA's order. Its first notice of the DRA's ruling was when judgment was entered against it for the $42,000 in February 1992. The court ruled against landlord and dismissed its petition. Landlord appealed again. The appeals court ruled for landlord and sent the case back to the lower court to conduct a hearing. Landlord showed enough proof that there was a question of fact as to whether it was served with the DRA's order.

E&M Associates v. DHCR: NYLJ, p. 32, col. 2 (9/29/95) (App. Div. 2 Dept; Miller, JP, O'Brien, Ritter, Goldstein, JJ)

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