Petition for administrative review: appealing a DHCR order
A PAR is the owner's appeal of a Rent Administrator's order within DHCR. It has a short deadline and a closed record.
The deadline
A PAR must be filed within 35 days after the Rent Administrator's order is issued. The clock runs from issuance, not from when you opened the envelope. A late PAR is generally dismissed without review.
The record is closed
The PAR is decided on the record that was before the Rent Administrator. Evidence that could have been submitted earlier generally will not be considered. An owner who defaulted below, or answered without documents, usually cannot fix that on the PAR by attaching the documents now. This is why the response to the final notice matters more than the appeal.
What a PAR can correct
- Errors of law, such as applying the wrong look-back rules or the wrong legal rent method
- Errors of fact on the record, such as a miscalculated base date rent or a lease DHCR overlooked
- Procedural defects, such as a failure to give the owner notice and an opportunity to respond
After the PAR
| Step | Deadline |
|---|---|
| File the PAR | 35 days from issuance of the Rent Administrator's order |
| Article 78 proceeding in Supreme Court, if the PAR is denied | 60 days from the final DHCR determination (Rent Stabilization Code § 2530.1) |
An Article 78 court reviews whether DHCR's determination was arbitrary, capricious, or contrary to law. It does not retry the facts. The stronger the record at DHCR, the better the owner's position in court.
Have Evan review it
Send the order and the full record that was before the Rent Administrator. I will tell you which errors are preserved on that record and whether a PAR is worth filing.
Flat fee, quoted in writing before any work begins. Written memo delivered on a fixed date.