Tenant Deregulated Based on Default

Landlord applied in 2009 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord based on tenant's failure to answer landlord's application. Tenant appealed. He claimed that he had mailed his answer form to the DHCR with copies of his 2007 and 2008 income tax returns. Tenant also argued that his income was below the deregulation threshold. The DHCR terminated the proceeding after landlord and tenant settled the matter in housing court and tenant agreed to move out. In any event, the DHCR would have denied tenant's PAR based on tenant's default. There was no proof that tenant had submitted any answer to the DRA. 

Kalani: DHCR Adm. Rev. Docket No. BO410012RP (4/19/13) [2-pg. doc.]