Tenant Filed Answer to Deregulation Application 80 Days Late

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord applied in 2000 for deregulation of tenant's apartment, since the rent was over $2,000 a month. The DRA mailed notice of the application to tenant on May 31, 2000. Tenant didn't file a response until October 18, 2000, which was 80 days after the 60-day deadline for filing a response. The DRA ruled against tenant based on his default. Tenant appealed, claiming that in prior years, landlord's application was denied because tenant's income clearly was below the income threshold. The DHCR ruled against tenant. Landlord was entitled under the law to file a new deregulation application every year. The DHCR's ruling in the prior year stated only that tenant's income was below the threshold in ``either or both'' of the prior two years, so this didn't prove tenant's income for the year 2000 application. And while the DHCR may excuse a minor delay in answering the application for good cause shown, tenant's 80-day delay wasn't minor, and tenant showed no reason for filing late.

Weiss: DHCR Adm. Rev. Dckt. No. OJ410059RT (4/17/01) [4-pg. doc.]