DHCR Accepts Proof of Tenant's Answer on Appeal

March 7, 2007

LVT Number: 19349

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2006. The DRA ruled for landlord based on tenant's failure to answer the notice of landlord's application. Tenant appealed and won. She claimed that she did file an answer. With her appeal, tenant submitted copies of her 2004 tax return and her 2005 extension request. She also submitted a copy of a sworn statement, prepared at the time that she submitted her answer, stating the date, content, and circumstances of her mailing to the DRA. Tenant showed that she had filed a timely answer.

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2006. The DRA ruled for landlord based on tenant's failure to answer the notice of landlord's application. Tenant appealed and won. She claimed that she did file an answer. With her appeal, tenant submitted copies of her 2004 tax return and her 2005 extension request. She also submitted a copy of a sworn statement, prepared at the time that she submitted her answer, stating the date, content, and circumstances of her mailing to the DRA. Tenant showed that she had filed a timely answer. Tenant also had responded to landlord's 2005 high-rent/high-income deregulation application, so she was aware of what would happen if she didn't answer. The DHCR sent the case back for the DRA to rule on the merits.

Amsterdam: DHCR Adm. Rev. Docket No. UJ410018RT (11/17/06) [3-pg. doc.]

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