Deregulation Case Reopened Due to Mailing Irregularities

Landlord applied in 2006 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. Tenant answered that his income was below the deregulation threshold for 2004 and 2005. The DRA later notified tenant that it was unable to make a match with DTF tax records and asked tenant to explain. When the DRA received no response, it sent tenant a final notice and again requested documentation of tax return filings or an explanation. Tenant didn't respond, so the DRA ruled for landlord based on tenant's default.

Tenant appealed, and the DHCR reopened the case. Tenant claimed that he had responded to the first notice regarding the lack of tax record match. The noticed didn't advise tenant to retain proof of mailing, but tenant showed copies of his response and the envelope he used to mailed it to the DRA. In that response he asked the DRA to send further notices to him at an alternate address based on problems with mail at the building. Tenant claimed that he never received the DRA's final notice and pointed out that his building doorman had access to tenant mail. When mailboxes filled up, building staff removed mail and placed it in a storage room. Mail delivery at the building was unreliable and frequently misdelivered by the Post Office. Tenant further explained that he had not yet filed income tax returns for the years in question but would be doing so soon. He also said he had filed a rent overcharge complaint in court.

Savage: DHCR Adm. Rev. Docket No. WK410031RT (10/15/09) [4-pg. doc.]