Tenants Claim Deregulation Forms Were Confusing

(Decision submitted by Robert H. Berman of the Manhattan law firm of Borah Goldstein Altschuler & Schwartz, P.C., attorneys for the owner.) Landlord applied for high-rent/high-income destabilization of tenants' apartment in June 1995, claiming that the apartment rented for $2,000 or more per month and that tenants' household income for each of the prior two years was over $250,000. The DRA ruled for landlord based on tenants' failure to answer landlord's application. Tenants appealed, claiming that they were confused because landlord's 1995 application was the second of three deregulation proceedings. Tenants submitted copies of 1993 and 1994 tax returns with their PAR and claimed their income was under $250,000. The DHCR ruled against tenants. The DRA's notice form to tenants clearly stated that failure to answer within 60 days of mailing would result in a deregulation order.

Berlet: DHCR Adm. Rev. Dckt. No. KE410007RT (12/2/96) [3-page document]