Tenant's Default Vacated

Landlord applied to the DHCR for high-income rent deregulation of tenant's apartment. Landlord claimed that tenant's stabilized rent was over $2,000 and that tenant's household income was over $250,000 in each of the past two years. The DRA ruled for landlord because tenant never responded to the DRA's request for income information. Tenant appealed, claiming he never received notice of the proceeding from the DRA. Tenant also now submitted information showing that his household income for the two years in question was less than $250,000. The DHCR ruled for tenant. While tenant's claim by itself didn't prove notice wasn't sent, in this case the DRA's records didn't indicate which employee supposedly mailed notice of landlord's application to tenant. So no one could make a sworn statement that it was sent.

Vaccarella: DHCR Adm. Rev. Dckt. No. JE 410013-RK (9/22/95) [7-page document]