Tenant Didn't Respond to DHCR Notice

Tenant complained of a reduction in services based on several conditions, including lack of heat, and asked for a rent reduction. Landlord denied that any of the conditions existed. Landlord admitted that any heat problem was a one-time condition that had been corrected. The DRA gave tenant notice of landlord's answer, but tenant didn't reply. The DRA ruled against tenant, and tenant appealed, claiming that she'd asked for a two-week extension to reply to landlord's answer and that the DRA granted the extension over the phone. Tenant also said that her mother died during this period. The DHCR ruled against tenant. Tenant's explanation for her failure to reply to the DRA's notice was insufficient, even if true, to revoke the DRA's order. The DRA asked tenant for a simple yes or no reply as to whether landlord's answer was true. Tenant had sufficient time to submit a reply. It was a minor task that didn't constitute an undue hardship.

Radano: DHCR Adm. Rev. Dckt. No. HI910100RT (8/4/97) [3-page document]