USPS Tracking Service Proved That PAR Was Untimely

Tenant complained of rent overcharge. The DRA ruled against tenant. Tenant appealed, but the DHCR dismissed tenant's PAR as untimely. Rent Stabilization Code Section 2529.2 states that a timely PAR that's delivered to the DHCR by mail must be postmarked not more than 35 days after the date of the order being appealed. The code further states that if the prepaid postage on the envelope in which the PAR is mailed is by private postage meter, and the envelope doesn't have an official U.S. Postal Service postmark, then the PAR won't be considered timely unless received within 35 of the DRA order or tenant submits other adequate proof of mailing within the required 35 days. In this case, the envelope containing tenant's PAR was stamped by private meter on May 11, 2017, wasn't postmarked by the USPS, and was received by the DHCR on May 17, 2017. USPS tracking results found on the USPS website showed that this mail was deposited with the USPS on May 12, 2017. Therefore, the DHCR found that the PAR was mailed on the 36th day after the DRA order was issued and was untimely.

Placido: DHCR Adm. Rev. Docket No. FQ410021RT (7/26/17) [2-pg. doc.]