Tenant Deregulated Due to Default

September 30, 2006

LVT Number: 19170

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord because tenant didn't answer the notice of landlord's application. Tenant appealed and lost. Tenant submitted an answer with his PAR, stating that his net household income was less than $175,000 during the prior two years. The DHCR ruled that, by law, tenant had 60 days to answer the deregulation notice. The answer that tenant submitted with his PAR was filed four months after the 60-day period had ended.

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord because tenant didn't answer the notice of landlord's application. Tenant appealed and lost. Tenant submitted an answer with his PAR, stating that his net household income was less than $175,000 during the prior two years. The DHCR ruled that, by law, tenant had 60 days to answer the deregulation notice. The answer that tenant submitted with his PAR was filed four months after the 60-day period had ended. Tenant presented no valid excuse for his late filing, so the DHCR couldn't reopen the case.

Hollman: DHCR Adm. Rev. Docket No. TL410022RT 7/3/06 [3-pg. doc.]

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