Tenant Didn't Answer High-Rent Deregulation Application

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2007. The DRA forwarded landlord's application to tenant and stated that tenant must respond within 60 days. The DRA ruled for landlord based on tenant's failure to file an answer. Tenant appealed, claiming that, although his rent was over $2,000 per month, his total household income was below the $175,000 threshold for deregulation. The DHCR ruled against tenant. Tenant didn't deny that he had received the DRA's notice of landlord's application, and offered no excuse for his default. The DRA had also sent tenant a follow-up notice before ruling based on tenant's default. Rent Stabilization Code Section 2531.4 required tenant to answer notice of landlord's application within 60 days, which tenant failed to do.

Zulkowitz: DHCR Adm. Rev. Docket No. VL410020RT (2/29/08) [4-pg. doc.]