Landlord Can Correct Procedural Defects in Deregulation Application

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA dismissed landlord's application based on procedural defects. Landlord appealed. Landlord said that tenant didn't return the Income Certification Form that landlord sent tenant during the required time period. Landlord said that the DHCR should follow the same policy and procedure it had for PARs. If landlord's application had technical defects, the DHCR should give landlord a chance to correct them and resubmit its application. The DHCR ruled against landlord. Landlord then filed a court appeal, claiming that the DHCR's decision was unreasonable. The court ruled for landlord and sent the case back to the DHCR for a ruling on the merits.The DHCR then ruled that the DRA must process landlord's application and rule on whether tenant's apartment qualified for high-income rent deregulation.

Williamsburgh Assets LLC: DHCR Adm. Rev. Docket No. WI410008RP (12/18/08) [2-pg. doc.]