Tenant's Representative Not Authorized to File PAR

LVT Number: #26001

The DRA ruled against rent-stabilized tenant in rent overcharge and lease violation proceedings concerning tenant's apartment. Tenant filed a PAR to appeal the decision. The DHCR found that the PAR was improper but gave tenant a chance to refile. Tenant didn't sign the PAR. Rent Stabilization Code Section 2529.2 allows a PAR to be filed by a tenant's representative. Tenant's representative had a power of attorney to act on tenant's behalf specifically in connection with the two DRA docket numbers.

The DRA ruled against rent-stabilized tenant in rent overcharge and lease violation proceedings concerning tenant's apartment. Tenant filed a PAR to appeal the decision. The DHCR found that the PAR was improper but gave tenant a chance to refile. Tenant didn't sign the PAR. Rent Stabilization Code Section 2529.2 allows a PAR to be filed by a tenant's representative. Tenant's representative had a power of attorney to act on tenant's behalf specifically in connection with the two DRA docket numbers. The PoA didn't give tenant's representative the authority to file a PAR on tenant's behalf. Tenant or her representative could refile a properly signed PAR if they did so within 35 days.

Olson: DHCR Adm. Rev. Docket No. BQ210048RT (12/12/14) [2-pg. doc.]

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