Tenant Didn't Answer Deregulation Application

Landlord applied in 1998 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. Tenant appealed, claiming he never got notice from the DRA, that the DHCR's records already contained enough information to process the case, and the DHCR's procedures were unfair. The DHCR ruled against tenant. The DHCR followed careful mailing procedures and got a return receipt for the notice mailed to tenant. Tenant denied that he signed the return receipt, but the DHCR also sent a copy by regular mail, which wasn't returned. Tenant's mere denial of receipt wasn't enough to overcome the presumption that he got the notice mailed by the DHCR. Also, even though tenant answered landlord's Income Certification Form before getting the DHCR notice, this can't substitute for a response to the DHCR notice of landlord's application. Also, tenant can't claim that the DHCR's procedures were improper or unfair. The DHCR's procedures for high-rent/high-income deregulation are spelled out in the Rent Stabilization Law. And even though some court decisions have allowed for a tenant's late submission of a response to landlord's application, in this case tenant never answered the notice.

Maas: DHCR Adm. Rev. Dckt. No. MI410109RT (7/14/99) [4-pg. doc.]