Tenant Didn't Answer Deregulation Application

(Decision submitted by Patti Stone of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for landlord.) Landlord applied in 1995 for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer landlord's application or to provide income verification information. Tenant appealed, claiming that she never got a copy of landlord's application from the DRA. Tenant also claimed that her household income was under $250,000 and submitted copies of her tax returns and accountant's statement. The DHCR ruled against tenant. DHCR records showed that the DRA sent tenant a copy of landlord's application and answer form by certified mail. This proper mailing created a presumption that the application had been delivered to tenant.

Flannigan: DHCR Adm. Rev. Dckt. No. KB410004RT (2/10/97) [2-page document]