Landlord's PAR Untimely

LVT Number: 11951

Tenant complained of a rent overcharge. The DRA ruled for tenant. In April 1993 tenant got DHCR certification that landlord hadn't filed a PAR, and so tenant obtained a money judgment against landlord. Landlord then brought a court proceeding to vacate the money judgment. The court treated landlord's proceeding as an Article 78 proceeding to appeal the DHCR's Feb. 1994 order dismissing the PAR that landlord had untimely filed in Sept. 1993. Landlord's court proceeding was itself untimely because it wasn't brought within 60 days of the DHCR's order dismissing the PAR.

Tenant complained of a rent overcharge. The DRA ruled for tenant. In April 1993 tenant got DHCR certification that landlord hadn't filed a PAR, and so tenant obtained a money judgment against landlord. Landlord then brought a court proceeding to vacate the money judgment. The court treated landlord's proceeding as an Article 78 proceeding to appeal the DHCR's Feb. 1994 order dismissing the PAR that landlord had untimely filed in Sept. 1993. Landlord's court proceeding was itself untimely because it wasn't brought within 60 days of the DHCR's order dismissing the PAR.

112 MacDougal St. Realty Assn. v. DHCR: NYLJ, p. 27, col. 4 (11/28/97) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Nardelli, Mazzarelli, JJ)