Tenant's Answer to Deregulation Petition Submitted Three Days Late

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. Tenant missed the 60-day deadline to respond to the DRA's notice of landlord's application by three days. The DRA ruled for landlord based on tenant's late response. Tenant appealed. The DHCR ruled against tenant, finding that the 60-day deadline was a statutory requirement. Tenant challenged the DHCR's ruling in court, arguing that it was arbitrary and unreasonable. The court and appeals court ruled for tenant. A prior deregulation application filed the year before by landlord had been denied by DHCR based on the fact that tenant's annual household income was well below the $250,000 threshold. Since DHCR had this information and since tenant's response to the new application was only three days late and more than a year before the DRA made any ruling, DHCR's refusal to accept the late response was unreasonable.

Shapiro v. DHCR: NYLJ, p. 26, col. 2 (6/7/99) (App. Div. 1 Dept.; Ellerin, PJ, Tom, Wallach, Friedman, JJ)