Hmmm...I was granted a fairly sizable rent overcharge by DHCR last year. Naturally, the owner filed a PAR. I've been keeping an eye on the status of it, because it has stayed on "actively being processed" for about a month or two.
A few days ago, DHCR closed the owner's PAR with the reason "Closed due to remand"; DHCR also opened a new proceeding, but the new proceeding is already down as "Final Processing", even though it was only just opened the day the PAR was closed.
Now, I can tell you, I felt the landlord's lawyer's argument on the PAR was very weak. I could have filed a PAR disputing the amount of overcharge, because I read some legal precedents that supported me fighting for an even larger overcharge amount, but was willing to leave it alone with the overcharge that DHCR saw fit.
However, when the owner filed the PAR disputing the rent overcharge, I decided to put forth those legal arguments, since he had opened the door to further dispute my lawful rent. (We had been disputing the regulatory status for 6 years, so the overcharge also established my legal rent).
I felt my arguments were very strong, but I am never arrogant about the way things could go.
My question is, what could it mean that they remanded the owner's PAR before they even making a final decision on it?
If it were granted in the landlord's favor, wouldn't they have just said "Granted" on the PAR, instead of closing it and remanding? Alternatively, wouldn't it have said the PAR was "denied" if DHCR found that I was due the overcharge?
I ask this, because my rebuttal to the owner's PAR didn't only state reasons why the owner's PAR should be denied; It also invited DHCR to "re-assess" my legal rent all the way back to the 1940's, due to the owner's failure to ever register the building as rent stabilized or provide the first stabilized tenant after rent control a DC-2 notifying them of their rights.
It sounds like a "far leap", but I actually found a case, "Rafika Realty Corp. v. Davis", to support my argument. I tried to support every thing I said with applicable laws and precedents.
However, a clerk at DHCR that I spoke to via phone one afternoon, said the agency would not reconsider my rent, because I wasn't the one who filed the PAR. Since the owner did, they would only address his contentions about the overcharge.
I'm beside myself wondering what the remand means.. Has anyone ever seen a PAR closed for remand?