Tenant Didn't Answer Deregulation Application on Time

May 31, 1999

LVT Number: 13303

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DHCR ruled for landlord based on tenant's failure to answer the DHCR's notice of landlord's application within 60 days. Tenant appealed. The court ruled for tenant, finding that the DHCR had the authority to consider tenant's answer even though it was submitted more than 60 days after the notice was sent. The DHCR appealed and lost. Tenant submitted income verification information to the DHCR shortly after the DRA issued its deregulation order when she asked that the DRA reconsider the order.

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DHCR ruled for landlord based on tenant's failure to answer the DHCR's notice of landlord's application within 60 days. Tenant appealed. The court ruled for tenant, finding that the DHCR had the authority to consider tenant's answer even though it was submitted more than 60 days after the notice was sent. The DHCR appealed and lost. Tenant submitted income verification information to the DHCR shortly after the DRA issued its deregulation order when she asked that the DRA reconsider the order. Tenant showed that her household income was below the income threshold for deregulation. The DHCR's decision not to reconsider the deregulation order at this initial administrative level was arbitrary and unreasonable.

Seymour v. DHCR: NYLJ, p. 27, col. 5 (5/13/99) (App. Div. 1 Dept.; Rosenberger, JP, Nardelli, Lerner, Saxe, Friedman, JJ)

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