ICF Was Sent in Timely Manner

Landlord applied for high-rent/high-income deregulation of tenant's apartment in June 2008. Landlord submitted the required proof that it had previously sent tenant an Income Certification Form (ICF). The DRA dismissed landlord's application, finding that landlord failed to mail the ICF to tenant on or before May 1, 2008. Landlord appealed and won. Landlord's certificate of mailing of the ICF contained an unclear U.S. Postal Service date stamp. The mailing certificate contained the word "May" followed by a "1," but it wasn't clear whether another number followed the "1." But tenant dated her response to the ICF on May 5, 2008, and stated that she sent it that date. So the ICF couldn't have been mailed between May 10 and May 19. Also May 11, 2008, was a Sunday, so the ICF couldn't have been postmarked that date. The DHCR reopened the case and sent it back for further processing by the DRA.

231 East 76th Street LLC: DHCR Adm. Rev. Docket No. XG410022RO (9/18/09) [3-pg. doc.]