M. J. Raynes, Inc. v. State Division of Housing & Community Renewal

OPINION OF THE COURT

Irving Lang, J.

Two related issues are raised in this CPLR article 78 peti*627tion: (1) Does the tenant’s failure to affix her signature to a fair market rent appeal application within 90 days of receiving a DC-2 notice constitute a fatal defect? (2) May an administrative agency grant a 15-day extension beyond the statutorily prescribed 90-day filing time to allow the tenant to correct the omission on the application?

FACTS

On November 1, 1982, tenant Alice Henderson took occupancy of the subject apartment at a monthly rent of $1,500. She was served with a notice of initial…