Tenant Identified Wrong Order on Appeal

LVT Number: 11844

Landlord applied for a rent hike for a rent-controlled apartment based on unavoidable increase in cost of operation. The DRA assigned two docket numbers to the proceeding. On April 18, 1996, the DRA granted the application under one docket number. On April 23, 1996, the DRA terminated the proceeding under the other docket number since it duplicated the first one. Tenant appealed the April 23 order. But it was the April 18 order, not the April 23 order, that granted the rent hike.

Landlord applied for a rent hike for a rent-controlled apartment based on unavoidable increase in cost of operation. The DRA assigned two docket numbers to the proceeding. On April 18, 1996, the DRA granted the application under one docket number. On April 23, 1996, the DRA terminated the proceeding under the other docket number since it duplicated the first one. Tenant appealed the April 23 order. But it was the April 18 order, not the April 23 order, that granted the rent hike. The DHCR decided not to dismiss tenant's PAR because the issuance of the two orders was understandably confusing. Instead, it rejected tenant's PAR and gave her 35 days to refile and properly identify the DRA order being appealed.

Hays: DHCR Adm. Rev. Dckt. No. KE920008RT (5/28/97) [2-page document]

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