Apartment Deregulated Due to Tenant's Default

LVT Number: #28334

Landlord applied in 2015 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord after tenant failed to respond to the DRA's notices of landlord's application. Tenant appealed and lost. The DRA sent tenant an initial notice of the application on March 8, 2017, followed by a second notice on June 21, 2017. The DRA retained USPS tracking labels that showed that its notices were delivered.

Landlord applied in 2015 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord after tenant failed to respond to the DRA's notices of landlord's application. Tenant appealed and lost. The DRA sent tenant an initial notice of the application on March 8, 2017, followed by a second notice on June 21, 2017. The DRA retained USPS tracking labels that showed that its notices were delivered. Tenant was fully informed by the DRA's notices that failure to respond within 60 days would result in an order deregulating tenant's apartment. In her PAR, tenant claimed that her total annual household income was less than $200,000 in 2013 and 2014, but this claim couldn't be raised for the first time on appeal. Tenant otherwise offered no reason for her default. Tenant's apartment was properly deregulated.

Cohen: DHCR Adm. Rev. Docket No. FW410005RT (2/12/18) [5-pg. doc.]

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