Landlord's PAR Filed Too Late

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant, and landlord appealed. The DHCR dismissed the PAR as untimely. If a PAR is filed with the DHCR by mail, Rent Stabilization Code Section 2529.2 requires the envelope to be postmarked no more than 35 days after the date of the DRA's order. If the prepaid postage on the envelope is by private postage meter, and the envelope doesn't have an official U.S. Postal Service postmark, the PAR won't be considered filed in a timely manner unless received within the 35 days or unless landlord submits other adequate proof of mailing within 35 days, such as an official Postal Service receipt or certificate of mailing. Here, the DRA's order was issued on Jan. 29, 2009. The PAR was filed in a Federal Express standard overnight envelope, dated March 10, 2009, and received on March 11, 2009. The PAR was sent more than 35 days after the DRA's order was issued.

Cammarano: DHCR Adm. Rev. Docket No. XC310022RO (9/4/09) [2-pg. doc.]