Landlord Must Appeal Before Requesting Reconsideration

April 1, 1993

LVT Number: 6861

The DRA denied landlord's application to restore rent, and landlord requested reconsideration. The DHCR denied landlord's request, and landlord appealed. The court dismissed landlord's appeal. The DHCR had dismissed landlord's request for reconsideration because landlord hadn't filed a timely PAR appealing the DRA's decision. This was reasonable. Landlord also didn't show that there was fraud, illegality, or irregularity in a vital matter, which are necessary for reconsidering a DRA determination.

The DRA denied landlord's application to restore rent, and landlord requested reconsideration. The DHCR denied landlord's request, and landlord appealed. The court dismissed landlord's appeal. The DHCR had dismissed landlord's request for reconsideration because landlord hadn't filed a timely PAR appealing the DRA's decision. This was reasonable. Landlord also didn't show that there was fraud, illegality, or irregularity in a vital matter, which are necessary for reconsidering a DRA determination.

Matter of Ponds: NYLJ, p. 21, col. 3 (3/4/93) (App. Div. 1 Dept.; Murphy, PJ, Carro, Ellerin, Ross, JJ)

Topics

More like this