Deregulation Granted Based on Tenant's Default

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment because tenant's rent was $2,000 per month or more. Landlord requested verification of tenant's household income to determine if tenant's income met the deregulation threshold. The DRA ruled for landlord based on tenant's default. Tenant appealed and lost. Tenant claimed that his income was below the deregulation threshold. But tenant failed to respond to two DRA notices of landlord's application, in November 2008 and again in February 2009. Tenant was specifically advised that failure to respond within 60 days would result in deregulation, and the DRA got delivery confirmation from the U.S. Post Office. Tenant claimed that he lost or forgot about the application. This wasn't an excuse. Tenant's response, submitted for the first time with his PAR, more than three months after the 60-day deadline, was made too late.

Oren: DHCR Adm. Rev. Docket No. XD410055RT (8/13/09) [4-pg. doc.]