Landlord Didn't File PAR on Time

LVT Number: 14155

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants, and landlord appealed. The DHCR dismissed landlord's PAR because it wasn't filed on time. The DRA's order was issued on March 19, 1997. By law, landlord had 35 days to file its PAR. The PAR was dated April 29, 1997, and was filed on April 30, 1997. Landlord appealed and lost. The DHCR's strict enforcement of the time requirement for PAR filing wasn't arbitrary or unreasonable, but was required by law.

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants, and landlord appealed. The DHCR dismissed landlord's PAR because it wasn't filed on time. The DRA's order was issued on March 19, 1997. By law, landlord had 35 days to file its PAR. The PAR was dated April 29, 1997, and was filed on April 30, 1997. Landlord appealed and lost. The DHCR's strict enforcement of the time requirement for PAR filing wasn't arbitrary or unreasonable, but was required by law.

Clarendon Mgmt. Corp. v. DHCR: NYLJ, 5/1/00, p. 32, col. 2 (App. Div.2 Dept.; Mangano, PJ, Bracken, McGinity, Luciano, JJ)