Ex-Husband Named in DHCR Notice

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord, and tenant appealed, claiming that she never received the DRA's notice of landlord's petition and that it was improperly sent. The DHCR ruled for tenant. The apartment had been rented previously to tenants as husband and wife. But they were divorcing, and the wife was now the sole tenant. Landlord knew of this because tenant's wife was the only party to the last renewal lease and was the only registered tenant. Still, landlord named tenant and her husband in its petition, and the DRA's records showed that notice of landlord's petition was addressed to ''Barry and Laura Cunningham.'' So it was possible that tenant didn't receive the notice mailed by the DRA. And since the husband was no longer a tenant, the notice should have been addressed to the wife only. The case was sent back to give tenant a chance to answer.

Cunningham: DHCR Adm. Rev. Dckt. No. KC410036RT (4/21/98) [4-page document]