Landlord Belatedly Requested Extra Time to Answer
LVT Number: 8145
Tenant complained of a reduction in services. Based on an inspection, the DRA ruled for tenant. Landlord appealed, claiming that the DRA didn't take into account its request for an extension of time to answer. The DRA had sent landlord tenant's complaint on Aug. 29, 1991. On Sept. 17, landlord requested an extension to Oct. 11 to answer, stating, "If we do not hear from you prior to this date, we will assume that our request has been granted[.]'' Landlord didn't file any answer by Oct. 11. On Nov. 26, an inspection was done at tenant's apartment. On Dec. 5, landlord requested another extension until Dec. 27, again assuming the extension was granted and giving no explanation for not meeting the prior extension date. The DRA issued its order on Dec. 13. The DHCR ruled against landlord. The DRA isn't required to respond to an extension request, and landlord can't assume that such a request was granted. Landlord's second extension request was untimely and gave no explanation for why the first extension deadline wasn't met.
Tenth Frogmouth Corp.: DHCR Adm. Rev. Dckt. No. GA 110112-RO (7/19/93) [4-page document]