Deregulation Based on Tenant's Default

In 2007, landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. Tenant's rent was $2,000 per month or more, and landlord requested verification of tenant's household income for 2005 and 2006. The DRA ruled for landlord based on tenant's failure to respond to notice of landlord's application. Tenant appealed, claiming that her income for both years was below the $175,000 deregulation threshold. The DHCR ruled against tenant. The law gives tenant a strict 60-day deadline to answer landlord's application. The DRA sent tenant notice on July 3, 2007, by priority mail and received delivery confirmation from the U.S. Post Office. The DRA's notice clearly stated in bold-face type that tenant must respond within 60 days. The DRA also sent tenant a second notice on Dec. 12, 2007, and again got postal delivery confirmation. The second notice gave tenant 10 days to respond. The DHCR's records showed that both copies of the notice were sent to the correct address.

Haley-Zango: DHCR Adm. Rev. Docket No. WC410056RT (7/25/08) [4-pg. doc.]