Tenant Submitted Answer to Deregulation Petition

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to submit income verification information. Tenant appealed, claiming he had submitted the information on time. The DHCR ruled against tenant because he had no proof of certified mailing. Tenant appealed. The court ruled for tenant, and the DHCR appealed. The appeals court ruled for tenant. Tenant's sworn statement of filing, his copy of the answer containing his claimed mailing date, and the DHCR's admitted receipt of the answer in another case, months before the DRA's ruling and filing of tenant's PAR, indicated that tenant had mailed his answer as claimed. The DHCR shouldn't have ruled against tenant because he didn't have proof of certified mail; this isn't required. The case was sent back to the DHCR for further fact-finding.

Doyno v. DHCR: NYLJ, p. 28, col. 3 (3/25/99) (App. Div. 1 Dept.; Rosenberger, JP, Nardelli, Williams, Wallach, JJ)