Tenant's PAR Dismissed After Second Defective Filing

LVT Number: #31583

Landlord applied for MCI rent hikes, and the DRA ruled for landlord. Tenant appealed, but the DHCR rejected tenant's PAR based on procedural defects. The DHCR instructed tenant that he could re-file properly within 35 days from the issuance date of its rejection order. Tenant refiled, but the DHCR again dismissed tenant's PAR because the PAR wasn't filed in an original and copy. This was a substantial failure to comply with the provisions of the rent laws and regulations.

Landlord applied for MCI rent hikes, and the DRA ruled for landlord. Tenant appealed, but the DHCR rejected tenant's PAR based on procedural defects. The DHCR instructed tenant that he could re-file properly within 35 days from the issuance date of its rejection order. Tenant refiled, but the DHCR again dismissed tenant's PAR because the PAR wasn't filed in an original and copy. This was a substantial failure to comply with the provisions of the rent laws and regulations. The DHCR also had advised tenant that failure to refile in compliance with all procedural requirements within 35 days could result in dismissal of his appeal.

Ball: DHCR Adm. Rev. Docket No. JR210016RT (7/8/21)[1-pg. document]

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