Tenant Didn't Prove Answer Sent on Time

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DHCR ruled for landlord based on tenant's failure to answer notice of landlord's application. Tenant appealed, claiming that he mailed his answer to the DHCR and that the DHCR lost it. Tenant argued that the DHCR should at least have held a hearing to determine the facts. The court and appeals court ruled against tenant. Tenant submitted no proof of mailing, such as a certificate of mailing or an affidavit prepared at the time of mailing listing the date, time, place, content, and circumstances of the mailing. So the DHCR's decision that tenant filed no answer was reasonable. And tenant couldn't submit his tax returns as proof of his household income on appeal because he hadn't submitted them to the DHCR.

Szaro v. DHCR: NYLJ, 12/9/04, p. 27, col. 6 (App. Div. 1 Dept.; Nardelli, JP, Mazzarelli, Andrias, Friedman, Gonzalez, JJ)