Tenant Didn't Respond to Deregulation Application on Time

August 31, 2003

LVT Number: 16828

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer notice of the application. Tenant appealed, claiming that he didn't get the notice. The DHCR ruled against tenant. The DHCR's records showed that the DRA mailed the notice to tenant at the correct address. The DHCR kept a first-class priority mail receipt confirming delivery of the notice to tenant.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer notice of the application. Tenant appealed, claiming that he didn't get the notice. The DHCR ruled against tenant. The DHCR's records showed that the DRA mailed the notice to tenant at the correct address. The DHCR kept a first-class priority mail receipt confirming delivery of the notice to tenant. Tenant was required by law to answer the notice within 60 days and offered no valid excuse for not doing so.

Weiss: DHCR Adm. Rev. Dckt. No. RF410043RT (8/6/03) [4-pg. doc.]

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