DHCR Didn't Return Incomplete Deregulation Application to Landlord

Landlord applied to the DHCR for high-income destabilization of tenant's apartment. Landlord claimed the monthly rent was $2,000 or more and that tenant's annual household income for each of the past two years was greater than $250,000. The DRA dismissed landlord's application because it was incomplete and filed after June 15, 1994. Therefore the DRA hadn't returned landlord's application, and a complete application wasn't filed by the June 30 deadline. Landlord appealed. The DHCR ruled for landlord and reopened the case. Landlord's application was incomplete, but landlord showed it was mailed to the DRA on June 15, 1994. DRA's records showed it was received on June 16. Under DHCR's own procedures, the DRA should have returned the incomplete application to landlord before June 30, 1994, so that landlord could file a complete application before the June 30 deadline. The DRA didn't do so.

Bldg. Management Co.: DHCR Adm. Rev. Dckt. No. JA 410024-RO (9/29/95) [3-page document]