Tenants Deregulated for Failure to Answer Petition

Landlord applied for high-rent/high-income deregulation of tenants’ rent-stabilized apartment in 2007. In January 2008, the DRA sent tenants notice of landlord’s application by first-class priority mail with United States Postal Service Delivery Confirmation. The DRA’s notice stated in boldface type that tenants must answer within 60 days of the DRA’s notice. Tenants didn’t respond. In May 2008, the DRA sent tenants a final notice with a second copy of the answer form. The DRA ruled for landlord after tenants failed to respond to the second notice.

Tenants appealed, claiming that a prior order issued in response to landlord’s 2006 deregulation application stated that since the household income was found to be less than $175,000 for 2005, an application filed in 2007 would be dismissed. Tenants also claimed that their income was below the deregulation threshold for both 2005 and 2006.

The DHCR ruled against tenants. Tenants were required by law to answer notice of landlord’s 2007 application within 60 days. They failed to answer, so they lose by default. Tenants also misstated the ruling of the DRA’s prior order. In response to landlord’s 2006 application, the DRA found that the household income was below the deregulation threshold for 2004, not for 2005.

Wood: DHCR Adm. Rev. Docket No. WG910050RT (11/6/08) [3-pg. doc.]