DHCR Must Consider Tenant's Untimely Answer to Deregulation Application

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DHCR ruled for landlord based on tenant's failure to answer the DHCR's notice of landlord's application within 60 days. Tenant appealed. The court ruled against tenant, upholding the DHCR's ruling that the 60-day time limit was absolute under the law. Tenant appealed again and won. In this case, tenant's answer was filed just 11 days late and well before the DRA issued any decision in the case. Tenant's response also showed that tenant's household income was below the $250,000 income threshold. This was not the same as cases in which tenants never responded to the DRA's notice. The case was sent back to the DHCR for a decision based on tenant's answer.

Dworman v. DHCR: NYLJ, p. 32, col. 3 (5/11/99) (App. Div. 2 Dept.; Williams, JP, Tom, Wallach, Mazzarelli, JJ)