Landlord Didn't Challenge DHCR Order on Time

April 30, 1998

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.

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)

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