Tenants Didn't Answer Deregulation Petition

(Decision submitted by Beth Cohen of the Manhattan law firm of Rosenberg & Estis, PC, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2002. The DRA notified tenant and advised him that he must respond within 60 days to avoid default. Tenant never answered. The DRA ruled for landlord based on tenant's failure to respond to landlord's application and to provide income verification information to the DHCR. Tenant appealed, claiming that he mailed in an answer to the DRA on time. The DHCR ruled against tenant. The DRA's notice advised tenant that he must keep proof of mailing of his answer. There was no proof that tenant answered the application.

Mihopoulos: DHCR Adm. Rev. Dckt. No. QK410028RT (4/30/03) [2-pg. doc.]