Tenant Didn't Respond to Deregulation Application

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) In 2004, 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 notice of landlord's application. Tenant appealed, claiming that he had filed an answer. The DHCR ruled against tenant. Tenant didn't claim that he never got the DHCR's notice, and the DHCR's records showed that the notice was properly mailed to tenant at the correct address. Rent Stabilization Code Section 2531.4, and the DHCR's notice, required tenant to answer within 60 days. DHCR regulations, upheld by a prior court decision, also required tenant to keep proof of mailing of his answer. Tenant submitted no proof that he had answered the notice of landlord's deregulation application.

Arnell: DHCR Adm. Rev. Dckt. No. SK410015RT (7/19/05) [3-pg. doc.]