High-Rent/High-Income Deregulation Based on Tenant's Default

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2009. The DRA ruled for landlord based on tenant's failure to answer its notice of the application. Tenant appealed and lost. Tenant claimed that he mailed the answer to the DRA on April 19, 2011, but submitted a copy of an answer dated June 6, 2011. Tenant submitted no proof of mailing of his answer. The DRA's file contained proof of mailing of two notices to tenant, on Feb. 2, 2010, and April 2, 2011. The DRA's notices specifically told tenant to maintain proof of mailing of any answer. The DRA properly ruled for landlord based on tenant's default.

Kalani: DHCR Adm. Rev. Docket No. ZF410016RT (10/13/11) [4-pg. doc.]