Tenant's Accountant Didn't Submit Income Form on Time

In 1995, landlord filed a high-rent/high-income deregulation petition, claiming that rent-stabilized tenant's rent was greater than $2,000 per month and that tenant's household income was greater than $250,000 for each of the two prior years. The DRA sent tenant notice of landlord's petition on Aug. 18, 1995, with clear instructions that tenant's failure to answer within 60 days would result in a deregulation order. Tenant's answer was filed on Nov. 3, 1995, although the 60-day deadline was Oct. 17. The DRA ruled for landlord based on tenant's late answer. Tenant appealed, claiming his household income was less than $250,000 per year. Tenant argued that he'd completed the answer form in early October and left it with his accountant to handle. The DHCR ruled against tenant. The accountant's failure to file tenant's answer didn't excuse tenant's failure to file within 60 days. The DHCR strictly applied this time limit.

Marini: DHCR Adm. Rev. Dckt. No. KL410003RT (10/23/97) [4-page document]