Tenant Didn't Submit Answer to Deregulation Application on Time

(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 in 2003. The DRA ruled for landlord based on tenant's failure to answer notice of the application within 60 days. Tenant appealed, claiming that the forms she received were confusing and she didn't know she was supposed to answer. Tenant submitted copies of her tax returns with her PAR. She claimed that her income was below the threshold for deregulation. The DHCR ruled against tenant. Tenant never answered the DHCR's notice of landlord's application. The law requires tenant to do so, and the DHCR clearly advised tenant in boldface type to answer within 60 days or else her apartment would be deregulated. Tenant didn't offer an explanation for her failure to answer that would allow the DHCR to reopen the case.

Gardner: DHCR Adm. Rev. Dckt. No. RL410070RT (3/9/04) [3-pg. doc.]