Tenant Didn't Respond to Deregulation Petition

Landlord applied in 1998 for high-rent/ high-income deregulation of tenant's apartment. The DRA sent tenant a 60-day notice to answer landlord's application on July 13. Tenant didn't answer until Sept. 1, and his answer contained no information regarding his household income. Tenant also claimed that landlord never sent the income certification form (ICF) before filing the deregulation application. The DRA sent tenant a second request for income verification, but tenant just resent a copy of his first response. The DRA sent a third request, and tenant responded by saying that he still hadn't been able to locate the requested documents. The DRA made a fourth request for information from tenant and still got no information. The DRA ruled for landlord based on tenant's failure to fully respond. Tenant appealed, claiming that the DHCR should seek information from the State Tax Department and again claiming that he didn't receive the ICF. The DHCR ruled against tenant after holding a hearing to determine whether the ICF was sent. The DHCR found that landlord had sent the ICF.

Shear: DHCR Admin. Rev. Dckt. No. NB410069RT (8/15/01) [3-pg. doc.]