Tenant's Answer Was One Day Late

(Decision submitted by Robert H. Berman of the Manhattan law firm of Borah, Goldstein, Altschuler & Schwartz, P.C., attorneys for the landlord.) Landlord applied in 1995 for high-rent/high-income destabilization of tenant's apartment. Tenant's rent was over $2,000 per month, and landlord claimed that tenant's annual household income was greater than $250,000 in 1993 and 1994. The DRA sent tenant a notice of landlord's application on Aug. 18, 1995. The notice informed tenant in bold-face type that she was required to submit income verification data within 60 days from the mailing date of the DRA's notice. Tenant's answer was postmarked Oct. 18, 1995, one day after the 60-day deadline. The DRA ruled against tenant based on her failure to answer within 60 days. Tenant appealed and lost. Tenant was given notice of her obligation to answer within 60 days and was advised of the consequences of not answering on time. In addition, the Rent Regulation Reform Act of 1993 requires tenants to answer the DHCR's notice of high-rent/high-income deregulation applications within 60 days. This is a legal time limit that must be strictly enforced.

Coleman: DHCR Adm. Rev. Dckt. No. KK410032RT (3/13/98) [4-page document]