Letter Can't Be Used to File Appeal

January 1, 1995

LVT Number: 9381

The DRA ruled that tenant had been overcharged, and landlord appealed. The DHCR ruled that landlord had filed the appeal too late. Landlord appealed, and lost. Landlord appealed again, arguing that it submitted a letter to the DHCR within the time period for filing the appeal. The appeals court upheld the DHCR's ruling. Landlord's letter couldn't be substituted for the proper filing of an appeal. So, the DHCR's dismissal was proper.

The DRA ruled that tenant had been overcharged, and landlord appealed. The DHCR ruled that landlord had filed the appeal too late. Landlord appealed, and lost. Landlord appealed again, arguing that it submitted a letter to the DHCR within the time period for filing the appeal. The appeals court upheld the DHCR's ruling. Landlord's letter couldn't be substituted for the proper filing of an appeal. So, the DHCR's dismissal was proper.

Ruiz v. DHCR: NYLJ, p. 31, col. 2 (12/16/94) (App. Div. 2 Dept.; Thompson, JP, Lawrence, O'Brien, Krausman, JJ)

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