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LeHavre Tenants Ass'n v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1991
170 A.D.2d 606 (N.Y. App. Div. 1991)

Opinion

February 19, 1991

Appeal from the Supreme Court, Queens County (Rozenweig, J.).


Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the determination is confirmed, and the proceeding is dismissed on the merits.

The New York State Division of Housing and Community Renewal (hereinafter the DHCR) has broad power to construe and interpret its own rules and regulations (see, Matter of Bernstein v Toia, 43 N.Y.2d 437, 448). The Commissioner of the DHCR has interpreted the relevant regulations to provide that there is no discretion to excuse the failure of a party who is seeking administrative review of an order issued by a district rent administrator to file a petition for administrative review (PAR) within 33 days of the order sought to be reviewed (see, 9 NYCRR 2510.2 [b]). This construction of the subject regulation is not irrational and it must be upheld (see, Matter of Kaplen v New York State Div. of Hous. Community Renewal, 131 A.D.2d 483; see also, Matter of Bernstein v Toia, supra). Likewise, we find no basis to disturb the DHCR's determination that, despite the errors of the rent administrator, the record does not show "fraud, illegality or irregularity in vital matters" which would justify an administrative reopening of closed proceedings. Brown, J.P., Sullivan, Rosenblatt and Ritter, JJ., concur.


Summaries of

LeHavre Tenants Ass'n v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1991
170 A.D.2d 606 (N.Y. App. Div. 1991)
Case details for

LeHavre Tenants Ass'n v. New York State Division of Housing & Community Renewal

Case Details

Full title:In the Matter of LeHAVRE TENANTS ASSOCIATION, INC., Respondent, v. NEW…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 19, 1991

Citations

170 A.D.2d 606 (N.Y. App. Div. 1991)