Deregulation Permitted Based on Tenant's Default

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2010. The DRA ruled for landlord based on tenant's failure to answer the DRA's notice of landlord's application. Tenant appealed and lost. Tenant claimed that he never received notice from the DRA. But the DHCR's records showed that the DRA sent tenant at the correct address a notice with a copy of landlord's application and an answer form in December 2010 by first-class priority mail and had obtained a U.S. Postal Service (USPS) delivery confirmation receipt. The notice advised tenant in bold-face type that he must respond within 60 days or he would be deregulated. In April 2011, the DRA sent tenant a final notice with a second copy of the papers, advising tenant to respond within 10 days. The second notice also was sent to the correct address by first-class priority mail with USPS delivery confirmation. Rent Stabilization Code Section 2531.6 requires deregulation of tenant's apartment if a tenant fails to respond to a luxury deregulation application. There was a presumption that the mail was delivered, and tenant presented no reason for his default to be excused.

Hein: DHCR Adm. Rev. Docket No. ZI410008RT (1/13/12) [3-pg. doc.]