Complaint Dismissed Based on Tenant's Failure to Respond

Rent-controlled tenant complained of a rent overcharge. Landlord claimed that the issue was settled and submitted to the DRA a copy of the housing court settlement agreement. In that agreement, tenant agreed to withdraw his rent overcharge complaint. The DRA sent tenant a copy of landlord's response in April 2007 and asked tenant to respond. In May, tenant asked for an extension to respond, which the DRA granted. When tenant still didn't respond, the DRA notified tenant in July 2007 that he had a final chance to respond within 21 days. The DRA ruled for landlord in October 2007 based on tenant's failure to respond to landlord's documentation of settlement. Tenant appealed, claiming that he had been sick and unable to contact his attorney. The DHCR ruled against tenant. The DRA acted reasonably in dismissing the case without making any ruling on the merits. Tenant had four months to respond to the DRA's request. Tenant could file a new complaint if warranted.

Gadit: DHCR Adm. Rev. Docket No. VK120027RT (2/26/08) [2-pg. doc.]