Tenant Didn't Respond Sufficiently to Landlord's High-Rent Deregulation Application

LVT Number: 19321

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to respond. Tenant appealed and lost. She claimed that she had answered the notice of landlord's application. The DHCR ruled that tenant filed an initial answer and claimed that her husband no longer lived in the apartment. But the DRA had asked tenant for additional proof that her husband didn't live in the apartment.

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to respond. Tenant appealed and lost. She claimed that she had answered the notice of landlord's application. The DHCR ruled that tenant filed an initial answer and claimed that her husband no longer lived in the apartment. But the DRA had asked tenant for additional proof that her husband didn't live in the apartment. The DRA sent tenant at least five notices asking for a copy of either the first page of the 2002 and 2004 New York State tax returns or a copy of an extension granted by the Department of Taxation and Finance. Tenant didn't respond, and the DRA properly ruled for landlord.

Strauchen: DHCR Adm. Rev. Docket No. TK410036RT (9/14/06) [8-pg. doc.]

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