Landlord Didn't Prove Apartment Was Previously Registered

LVT Number: #27970

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2016. The DRA asked landlord for additional information because the DHCR's records showed that the apartment hadn't been registered for any years prior to 2016. The DHCR asked landlord for proof of apartment registration, a copy of tenant's lease, and an explanation of how the rent was calculated to be $11,000 per month. The DRA ruled against landlord after landlord failed to respond. Landlord appealed and lost.

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2016. The DRA asked landlord for additional information because the DHCR's records showed that the apartment hadn't been registered for any years prior to 2016. The DHCR asked landlord for proof of apartment registration, a copy of tenant's lease, and an explanation of how the rent was calculated to be $11,000 per month. The DRA ruled against landlord after landlord failed to respond. Landlord appealed and lost. Landlord claimed that prior to 2016, the apartment was registered as Apartment "3F" and as temporarily exempt/owner occupied. The apartment was designated Apartment "3" after the owner died. But landlord never responded to the DHCR's Request for Additional Information except to request additional time to respond. The DHCR generally can't accept additional information at the PAR level, and landlord didn't explain why no additional information was submitted in response to the DRA's request.

23 East 69th Street LLC: DHCR Adm. Rev. Docket No. EW410069RO (8/17/17) [4-pg. doc.]

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