Tenant Didn't Get Landlord's Deregulation Application

Landlord applied for high-rent/high-income deregulation of tenants' apartment. The DRA ruled for landlord based on tenants, husband and wife, not responding to the application. Tenants appealed, claiming they never received landlord's application and that their income was below the threshold for deregulation. Tenant husband died after the PAR was filed. The DHCR held a hearing to investigate the issue of tenants' receipt of the application. A hearing officer ruled that tenants hadn't received the application because the DHCR couldn't establish the mailing in the normal course of business in this case, and because tenant's denial of receipt was believable. The DHCR ruled for tenant and sent the case back for processing consistent with this ruling.

Nelson: DHCR Admin. Rev. Dckt. No. JC410001RT (8/1/96) [3-page document]