Deregulation Petition Properly Delivered to Tenant

(Decision submitted by Beth Cohen of the Manhattan law firm of Rosenberg & Estis, PC, attorneys for the landlord.) Landlord applied in 2001 for high-rent high-income deregulation of rent-stabilized tenant's apartment. Tenant didn't answer the DRA's notice to tenant of landlord's application. The DRA ruled for landlord based on tenant's default. Tenant appealed, claiming that the deregulation petition wasn't properly delivered to her. The DHCR ruled against tenant. The DRA sent tenant the petition by first-class priority mail on June 27, 2001. The address was correct, and there was no indication that it was returned to the post office. Later, on Jan. 10, 2002, the DRA sent a second copy of the petition to tenant and her husband because he was named as cotenant on a renewal lease. Both copies of the notice clearly stated that tenant must answer within 60 days. And tenant admitted receiving the June 2001 copy of the petition.

Bennissim: DHCR Admin. Rev. Dckt. No. QE410094RT (7/31/02) [4-pg. doc.]