Tenant Submitted Late Answer to Deregulation Application

Landlord applied in 1995 for high-rent/high-income deregulation of tenant's apartment. Tenant didn't answer the DRA's notice of landlord's application. The DRA ruled for landlord based on tenant's default. Tenant appealed and submitted proof that her annual household income was less than $250,000 in 1993 and 1994. The DHCR ruled against tenant because tenant didn't answer the DRA's notice of landlord's application within 60 days. Tenant then appealed to the court, claiming that the DHCR's ruling was arbitrary and unreasonable. The court ruled for tenant. The purpose of the law was to deregulate apartments where tenant's income level was greater than the income threshold. The DHCR didn't look at whether tenant's initial default was excusable. Tenant submitted proof of her income with her PAR. The DHCR can't claim that it doesn't have the authority to accept a response submitted more than 60 days after notice of the application was sent. The DHCR's obligation is to carry out the overall intent of the legislature.

Seymour v. DHCR: NYLJ, p. 25, col. 6 (3/25/98) (Sup. Ct. NY; Bransten, J)