Luxury Deregulation Case Reopened

Landlord applied to the DHCR in 2011 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord based on tenant's failure to respond to the notice of landlord's application. Tenant appealed, claiming that she did submit a timely response to the DRA after she first mistakenly sent the original answer form to landlord. Tenant also argued that her legal rent didn't exceed $2,500 per month. The DHCR ruled for tenant and reopened the case. Tenant submitted copies of her response to the DRA's final notice, along with portions of her tax returns for 2009 and 2010 and proof of mailing of her response to the DRA. She also submitted a copy of the certified mail return receipt signed by a DHCR employee. Tenant therefore didn't default and the DRA should process landlord's application on the merits. Notably, for 2011 filings, the rent deregulation threshold was $2,000, not $2,500.

Waters: DHCR Adm. Rev. Docket No. AU410040RT (1/29/13) [4-pg. doc.]