No Proof Tenant Responded to Deregulation Application

(Decision submitted by Joshua G. Losardo of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DHCR ruled for landlord based on tenant's failure to respond to the notice of landlord's application. Tenant appealed, claiming that he did respond to the DHCR's notice within 60 days, and that his annual household income was far below the $175,000 deregulation threshold. The court ruled against tenant. Although tenant was 68 years old and high-rent deregulation procedures can be confusing, tenant showed no good cause to reopen the case. He had no copy of the response he claimed that he submitted to the DHCR and no proof of mailing.

Eisenberg v. DHCR: Index No. 111391/2006 (6/25/07) (Sup. Ct. NY; Feinman, J) [5-pg. doc.]