Tenant Claims Nonreceipt of Deregulation Notice

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer the DHCR's notice of landlord's application. Tenant appealed. She said that she never received the DHCR's notice. The DHCR ruled against tenant. Tenant then filed an Article 78 proceeding in court, claiming that DHCR's decision was unreasonable. The court sent the case back for further consideration by the DHCR. The DHCR ruled for tenant and reopened the case. The DRA had sent tenant the notice of landlord's application by first-class priority mail. Usually, there is a presumption that tenant received the mail sent by the DHCR. But the building's doorman accepted mail for tenants and placed it in their mailboxes. So there can be no presumption that tenant received the notice in this case. In addition, tenant had answered the Income Certification Form she received from landlord earlier the same year. And tenant had responded to four prior annual high-rent deregulation applications in the past. So tenant understood the importance of responding in a timely manner. Tenant also submitted proof of filing tax returns and stated that her income was below the deregulation threshold. So the DRA should confirm tenant's information with the Department of Taxation and Finance.

Muss: DHCR Adm. Rev. Docket No. UL410012RP (7/18/07) [3-pg. doc.]