Tenant Denies Getting Answer Forms

LVT Number: 12848

(Decision submitted by Patti Slone of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied in 1996 for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer landlord's deregulation petition. Tenant appealed, claiming that his income was below the income threshold and that he had never received the deregulation petition or the answer form from the DRA. The DHCR ruled against tenant.

(Decision submitted by Patti Slone of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied in 1996 for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer landlord's deregulation petition. Tenant appealed, claiming that his income was below the income threshold and that he had never received the deregulation petition or the answer form from the DRA. The DHCR ruled against tenant. The agency's records contained proof of mailing, including a date-stamped certified mail receipt, to tenant of the deregulation petition and answer form by certified and regular mail.

Fraydun Realty Co.: DHCR Adm. Rev. Dckt. No. LF410020RT (11/9/98) [3-page document]

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