Tenants Filed Answer 45 Days Late

Landlord applied for high-rent/high-income deregulation of tenants' rent-stabilized apartment. Tenants didn't answer the DRA's notice of landlord's application. The DRA ruled for landlord based on tenants' default. Tenants appealed. They claimed that their attorney had filed an answer and that, even if it was late, it should be accepted. They attached a partial copy of the answer to their PAR. Tenants claimed that their income was below the threshold for deregulation. The DHCR ruled against tenants. The DRA didn't get any answer from tenants. And even if tenants had sent in the answer, it was sent 45 days after the 60-day deadline for answering. This wasn't a minor delay, and there was no excusable explanation.

Natan: DHCR Adm. Rev. Dckt. No. OB410062RT (6/21/00) [5-pg. doc.]