Landlord Can't Submit Proof of Tenant's Occupancy for First Time with PAR

Landlord applied in 2012 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA sent notice of landlord's application to tenant at the apartment address, but the envelope was returned by the USPS as undeliverable. The DRA dismissed landlord's application because tenant had moved out of the apartment. Landlord appealed and lost. Landlord claimed that tenant had not moved out of the apartment. But landlord had failed to respond to the DRA's request for additional information, which asked landlord to confirm tenant's address after the DRA's notice to tenant was returned by the Postal Service. Since landlord didn't present this information to the DRA, the DHCR couldn't consider it for the first time on appeal.

40 Park Avenue LLC: DHCR Adm. Rev. Docket No. CQ410004RO (1/20/15) [3-pg. doc.]