Two-Day Delay in Submitting Answer to Deregulation Application

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's not filing an answer on time. Tenant appealed, claiming he'd filed an answer only two days late and showed that his income was below the threshold for deregulation. The DHCR ruled for tenant. Tenant's late filing was a minor delay, and the Court of Appeals has ruled that in such cases the 60-day time limit should be waived. The case was sent back to the DRA for further processing.

Kempner: DHCR Adm. Rev. Dckt. No. LC410015RT (3/16/00) [2-pg. doc.]