No Proof ICF Was Delivered to Tenant

Landlord applied in 2012 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord, finding that tenant's household income exceeded $200,000 in 2010 and 2011. Tenant appealed and won. Tenant claimed that landlord's Income Certification Form (ICF) wasn't properly sent to her and that she never received it. Therefore, the DHCR had no authority to process landlord's luxury deregulation application. The DHCR's file records showed that landlord sent the ICF to tenant via certified mail, return receipt requested, although a return receipt wasn't required. Tenant didn't sign the return receipt card. Instead, it was signed by the building's doorman. This in effect converted the delivery method of the ICF to personal delivery and landlord should have obtained a signed and dated receipt from tenant to prove delivery. The normal presumption of delivery of mail to tenant didn't apply since the mail was delivered to landlord's employee rather than to tenant. [Download PDF of decision here.]

Robbins: DHCR Adm. Rev. Docket No. EW410065RT (8/29/17) [6-pg. doc.]