Tenant Didn't Properly Answer Deregulation Application

Landlord applied for high-rent/high-income deregulation of tenant’s apartment in 2008. The DRA ruled for landlord based on tenant’s failure to respond to the DRA’s notice of landlord’s application. Tenant appealed and lost. Tenant didn’t answer the DRA’s first notice. In response to the DRA’s second notice, tenant submitted an incomplete response by stating that her rent was below the deregulation threshold and that she had not yet filed her state tax return, and submitted the blank answer form with a copy of her 2007 W-2 and an earnings statement. Tenant didn’t respond to the DRA’s third notice, advising her to submit a completed answer and a copy of the first page of her 2006 and 2007 state income tax returns. The DRA sent tenant a fourth and final notice in April 2009, which again advised tenant that her failure to submit specified information could be deemed a default. Tenant didn’t respond. Although tenant filed an initial response, she never submitted the required information requested a number of times from the DRA.

Rohde: DHCR Adm. Rev. Docket No. XJ410039RT (12/11/09) [5-pg. doc.]