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Boulevard Tenants Corp. v. New York State Division of Housing & Community Renewal
Citations: 264 A.D.2d 444; 694 N.Y.S.2d 442; 1999 N.Y. App. Div. LEXIS 8678
Court: Appellate Division of the Supreme Court of the State of New York; August 16, 1999; New York; State Appellate Court
In a CPLR article 78 proceeding, the petitioner landlord challenged a determination by the New York State Division of Housing and Community Renewal (DHCR) that reclassified an apartment from rent-controlled to rent-stabilized and imposed a rent guideline decrease retroactive to April 1, 1998. The Supreme Court, Queens County, denied the petition and dismissed the proceeding. The DHCR's final order on November 13, 1996, allowed the landlord 35 days to file a Petition for Administrative Review (PAR); however, the landlord filed the PAR late on July 21, 1997, which the agency rejected as time-barred. The court affirmed the dismissal, ruling that the landlord's prior letters to the DHCR did not extend the filing deadline for the PAR. The rejection was deemed neither arbitrary nor capricious, citing precedents that upheld strict adherence to filing timelines. The judgment was affirmed with costs, with all judges concurring.