Ordered that the order is affirmed, without costs or disbursements.
The petitioner landlord sought administrative review of an order of the respondent New York State Division of Housing and Community Renewal (hereinafter the DHCR) directing him to make a refund of excessive rent previously collected. It is undisputed that the petition for administrative review (hereinafter PAR) filed by the landlord with the DHCR was untimely. Thus, the DHCR's dismissal of the PAR was neither arbitrary nor capricious (see, Matter of Lipes v State of New York, Div. of Hous. Community Renewal, Off. of Rent Admin., 174 A.D.2d 571; Matter of J.R.D. Mgt. Corp. v Eimicke, 148 A.D.2d 718). Moreover, the letter sent by the landlord to the DHCR within the time limitation for filing a PAR did not meet the requirements for, and thus cannot be considered, a PAR (see, Matter of S M Dev. v State Div. of Hous. Community Renewal, 182 A.D.2d 995). We have considered the landlord's remaining contentions and find them to be without merit. Thompson, J.P., Lawrence, O'Brien and Krausman, JJ., concur.