No Proof Tenant Answered Deregulation Notice

In 2007, landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. Tenant's rent was more than $2,000 per month, and landlord sought verification of tenant's household income. The DRA ruled for landlord based on tenant's failure to answer the agency's notice of landlord's application. Tenant appealed, claiming that she had mailed in an answer to the DRA and that her income was below the deregulation threshold. The DHCR ruled against tenant. Rent Stabilization Code Section 2531.4 requires tenant to answer notice of a deregulation application within 60 days. The DRA further advised tenant to keep proof of filing any answer submitted. Tenant didn't deny receiving the DRA's notice, and the DHCR's records contained confirmation of delivery from the U.S. Post Office. There was no proof that tenant filed an answer, and tenant presented no good cause to excuse her default.

Kimberg: DHCR Adm. Rev. Docket No. WF410024RT (7/16/08) [4-pg. doc.]