Tenant Didn't Answer Deregulation Application

(Decision submitted by James R. Marino, of the Manhattan law firm of Kucker & Bruh, LP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2007. The DRA ruled for landlord based on tenant's failure to answer the DHCR's notice of landlord's application. Tenant appealed, claiming that she was confused. She had answered landlord's request earlier in 2007 to fill out the Income Certification Form and had returned that form to landlord. Tenant claimed that she also hand delivered her answer to the high-rent/high-income deregulation application on time--but to landlord by mistake. Tenant claimed that her income was below the $175,000 deregulation threshold. The DHCR ruled against tenant. Tenant was required by law to answer the notice of landlord's application within 60 days. The DHCR's notice to tenant clearly states that tenant must maintain proof of mailing her answer. Although it is DHCR policy to accept an answer that was mistakenly sent to landlord instead of to the DHCR, in this case tenant had no proof that she had delivered the answer to landlord.

Hair: DHCR Adm. Rev. Docket No. WE410003RT (7/3/08) [5-pg. doc.]