Landlord Didn't File Appeal on Time

March 1, 1994

LVT Number: 8614

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed the DRA's decision well after the 35-day deadline for doing so. The DHCR dismissed landlord's PAR as untimely. Landlord appealed, claiming it had never gotten the DRA's order. The court ruled against landlord. There's a presumption that landlord got the DRA's order. The DHCR's employees submitted sworn statements documenting their routine office procedures for mailing DRA orders. Landlord's mere denial of receipt of the DRA's order wasn't enough to overcome the presumption that it was received.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed the DRA's decision well after the 35-day deadline for doing so. The DHCR dismissed landlord's PAR as untimely. Landlord appealed, claiming it had never gotten the DRA's order. The court ruled against landlord. There's a presumption that landlord got the DRA's order. The DHCR's employees submitted sworn statements documenting their routine office procedures for mailing DRA orders. Landlord's mere denial of receipt of the DRA's order wasn't enough to overcome the presumption that it was received.

Matter of H.C. Black Realty Co.: NYLJ, p. 26, col. 6 (2/28/94) (App. Div. 1 Dept.; Rosenberger, JP, Ross, Asch, Rubin, Williams, JJ)

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