Tenant's Default Vacated in Deregulation Case

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2008. The DRA ruled for landlord based on tenant's failure to respond to the DHCR's notice of landlord's application. Tenant appealed and lost. Tenant then filed a court petition, arguing that the DHCR's decision was arbitrary and unreasonable. The court sent the case back to the DHCR for reconsideration. Although tenant didn't respond to some of the DRA's notices, tenant claimed that she didn't receive all of them. And tenant did initially answer the DRA, stating that she hadn't yet filed her income tax returns because she got an extension. Tenant submitted the missing tax returns with her PAR. The DHCR revoked the default and sent the case back to the DRA to rule on whether tenant's income was above or below the deregulation threshold.

Rohde: DHCR Adm. Rev. Docket No. YE410005RP (5/26/10) [3-pg. doc.]