Tenant Claims He Responded to Deregulation Petition

Facts: Landlord filed a petition with the DHCR for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord based on tenant's failure to answer the petition. Tenant appealed, claiming he'd mailed the answer. He submitted a sworn statement that three people had witnessed him mail the answer. The DHCR ruled against tenant, finding that he didn't prove that he mailed his answer. Tenant appealed to the court. Court: Tenant wins in part. The DHCR misinterpreted the law concerning proof of mailing. Tenant's sworn statement of mailing was sufficient proof that the answer was mailed. The DHCR must then prove that it didn't receive the answer. The case was sent back to the DHCR for further investigation.

Danzig v. DHCR: NYLJ, p. 28, col. 3 (4/1/98) (Sup. Ct. NY; McCooe, J)