Tenants Claim They Were Traveling During Answer Period

Landlord applied for high-rent/high-income deregulation of tenants' apartment. Tenants filed an answer to landlord's petition more than two weeks after the end of the 60-day deadline for responding. The DRA ruled for landlord based on tenants' failure to timely answer the DRA's notice of landlord's petition. Tenants appealed, claiming that they were traveling for much of the 60-day answer period and that there was a possible mailing error causing them to receive the DRA's May 9, 1996 notice in mid-July of that year. The DHCR ruled against tenants. Tenants claimed to be away for periods amounting to only two weeks during the 60-day response period. And they submitted no proof of their claim of late delivery of the DRA's notice of landlord's petition. The DRA showed that the notice was sent to tenants by both certified mail and regular mail. The mailings weren't returned to the DRA.

Reade: DHCR Adm. Rev. Dckt. No. KL410047RT (4/10/98) [4-page document]