Landlord Didn't Challenge DHCR Order on Time
LVT Number: 12312
Tenant complained of a rent overcharge. The DHCR ruled for tenant, and landlord appealed. The court and appeals court ruled against landlord. To challenge a final order of the DHCR, an Article 78 proceeding must be started in State Supreme Court within 60 days after the date of the DHCR's order. In this case, landlord didn't bring its Article 78 proceeding until five months after the DHCR issued its order.
77 Avenue D Assocs. v. DHCR: NYLJ, p. 26, col. 5 (4/20/98) (App. Div. 1 Dept.; Milonas, JP, Nardelli, Wallach, Andrias, JJ)