Eight-Day Delay in Answering Is Minor

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord based on tenant's failure to respond in time to the DRA's notice of landlord's application. Tenant appealed, claiming that his household income was below the threshold for deregulation and that there was only a minor delay in responding. The DHCR ruled for tenant. The Rent Stabilization Law requires tenants to respond to high-rent/high-income deregulation applications within 60 days. The state's highest court previously ruled that the DHCR should accept a late response from tenant if tenant's lateness was minimal. In this case, tenant's response was only eight days late. This was a minor delay. The case was sent back to the DRA for processing based on the merits of the case.

Khidekel: DHCR Adm. Rev. Dckt. No. NC410210RT (12/15/00) [2-pg. doc.]