Landlord's Technical Error Excused
LVT Number: #24601
Landlord applied in 2011 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA dismissed landlord's application because landlord failed to list tenant's name in Section "G" of the petition form. The DRA found that landlord's application was therefore incomplete. Landlord appealed, and the case was reopened. Landlord pointed out that tenant's name was listed in Part I, Section "A" of the form and that there was no indication on the form that the identical information had to be listed again in Section "G" of the form when there was only one tenant in the apartment. As completed, landlord provided tenant with clear and sufficient notice of the proceeding. If there was a clerical error, it wasn't grounds to dismiss an otherwise valid application. The DHCR agreed. Landlord's technical error didn't make landlord's application defective. The DRA must determine the facts and rule on whether tenant was subject to high-rent/high-income deregulation.
72A Realty Associates LP: DHCR Adm. Rev. Docket No. ZJ410009RO (12/14/12) [3-pg. doc.]