DRA Should Have Granted More Time to Submit Information

A family member of deceased rent-stabilized tenant claimed pass-on rights and complained to the DHCR that landlord refused to give him a renewal lease. The DRA sent the family member a request for additional information and told him to respond within an allotted time period. The DRA ruled against the family member shortly thereafter, and he appealed. Withint the allotted time to answer the DRA's request, the family member's attorney had filed a request for additional time to respond. The DRA didn't respond to the request, but simply went ahead and decided the case. The DRA should have allowed the time. In the interest of justice, it is better to have a case resolved on the merits after a review of all the facts. The case was reopened and sent back to the DRA to consider the additional information the family member sought to submit.

Zelaya: DHCR Adm. Rev. Docket No. YC410014RT (7/2/10) [2-pg. doc.]