Tenant's Failure to Answer Deregulation Notice Excused by DHCR

Landlord applied in 2011 for high-rent/high-income deregulation of tenant’s rent-stabilized apartment. The DRA ruled for landlord based on tenant’s failure to respond to the notice of landlord’s application. Tenant appealed, and the case was reopened for reconsideration. Tenant claimed that she had answered the DRA’s notice and that her annual income was significantly below $175,000 annually. The DHCR noted that tenant had answered the notice of landlord’s three prior annual deregulation applications. So tenant understood the consequences of not responding. Tenant had lived in the apartment for 40 years and would be more harmed than landlord would if she wasn’t permitted to answer on the merits to landlord’s application. The Rent Administrator’s default order was revoked, and the case was sent back for examination of tax matches for 2009 and 2010.

Farrell: DHCR Adm. Rev. Docket No. DN410037RT (6/29/16) [4-pg. doc.]