Tenant Claims She Misplaced Answer

(Decision submitted by Jeffrey Turkel of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord, finding that tenant didn't answer landlord's petition. Tenant appealed, claiming she was elderly and usually gave her daughter any personal papers to attend to. But tenant said she'd misplaced the deregulation petition answer form. The DHCR ruled against tenant. The high rent/high income deregulation form clearly notifies tenants that they have 60 days to answer and states in boldface type that failure to do so will result in deregulation of their apartment and elimination of rent control or rent stabilization protection.

Levine: DHCR Adm. Rev. Dckt. No. JC410067RT (10/1/96) [2-page document]