No Proof PAR Was Mailed Within 35 Days of DRA Order

LVT Number: #25524

The DRA denied tenant's complaint claiming a reduction in services. Tenant appealed, but the DHCR dismissed tenant's PAR as untimely. Tenant's PAR was dated April 1, 2013, was mailed to the DHCR via the U.S. Postal Service, and was received by the DHCR on April 3, 2013. The PAR was received by the DHCR more than 35 days after the DRA's order was issued, and the envelope containing the PAR had no USPS postmark. The DHCR determined that the PAR was mailed and received more than 35 days after the DRA order was issued and therefore must be dismissed.

The DRA denied tenant's complaint claiming a reduction in services. Tenant appealed, but the DHCR dismissed tenant's PAR as untimely. Tenant's PAR was dated April 1, 2013, was mailed to the DHCR via the U.S. Postal Service, and was received by the DHCR on April 3, 2013. The PAR was received by the DHCR more than 35 days after the DRA's order was issued, and the envelope containing the PAR had no USPS postmark. The DHCR determined that the PAR was mailed and received more than 35 days after the DRA order was issued and therefore must be dismissed.

Rein: DHCR Adm. Rev. Docket No. BP110019RT (3/14/14) [2-pg. doc.]

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