Overcharge Case Reopened Because DRA Issued Order After Tenant Asked for More Time to Submit Info

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, who appealed and got the case reopened for further consideration. The tenant had appealed a prior order issued by the DRA in the same case, and the DHCR remanded the proceeding to the DRA for a proper application of the Rent Stabilization Code's default formula. On remand, the DRA sent tenant a Request for Additional Information/Evidence (RFAIE), and tenant's attorney requested an extension of time to answer. But the DRA issued a new decision before the requested time had elapsed. Tenant appealed again, claiming this was improper.

The DHCR ruled for tenant. The record showed that tenant made a first request for an extension of time, until Dec. 10, 2021, to respond to the RFAIE. This request was received by the DRA on Nov. 18, 2021. While such request was received after the 21 days provided to file an answer, it was received by the DRA two weeks before issuance of the DRA's order. In such cases, the DRA will normally grant such a first request for an extension of the time to file a response and won't issue an order before giving a party the opportunity to file their pleading within the time requested. So the DRA therefore incorrectly issued its order on Dec. 2, 2021, without giving tenant the requested time to submit a response. The case was sent back to the DRA for consideration of tenant's substantive response to the RFAIE.

Salvo: DHCR Adm. Rev. Docket No. KM410010RT (2/22/22)[2-pg. document]