Tenant Didn't Get 10-Day Notice Regarding Use of Wrong Form

August 31, 1998

LVT Number: 12633

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer the DRA's notice of landlord's petition. Tenant appealed and showed that in response to landlord's petition, he'd filed an Income Certification Form with the DHCR within 60 days. This was the wrong response form but the DRA merely sent it back to tenant. The DRA didn't send tenant a notice informing him that he had 10 days to submit the proper answer form.

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer the DRA's notice of landlord's petition. Tenant appealed and showed that in response to landlord's petition, he'd filed an Income Certification Form with the DHCR within 60 days. This was the wrong response form but the DRA merely sent it back to tenant. The DRA didn't send tenant a notice informing him that he had 10 days to submit the proper answer form. Since the DRA didn't follow its own procedures, the case was sent back for further processing.

Vernick: DHCR Adm. Rev. Dckt. No. KK410023RT (4/3/98) [3-page document]

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