Tenant Didn't Answer 1994 Deregulation Application

(Decision submitted by Jeffrey R. Metz, of the Manhattan law firm of Borah, Goldstein, Altschuler & Schwartz, PC, attorneys for the landlord.) Facts: Landlord filed a high-rent/high-income deregulation application in 1994 after tenant didn't respond to landlord's income certification form. Tenant never answered the DHCR's notice of landlord's deregulation application. In January 1995, the DRA ruled for landlord and deregulated tenant's apartment based on tenant's failure to answer or provide income information. Tenant appealed, claiming that his household income was below the high-income threshold. The DHCR ruled against tenant. In the meantime, landlord filed a 1995 deregulation application. The DRA ruled against landlord on the 1995 application, based on the 1993 and 1994 income information showing that tenant's household income was below the high-income threshold. Tenant appealed the DHCR's order on the 1994 application, claiming that the DHCR and landlord had the necessary 1992 and 1993 income information. The court ruled for tenant and sent the case back to the DHCR to reconsider the facts. Landlord and the DHCR appealed. Court: Landlord wins. The rent stabilization law requires the DHCR to strictly enforce tenant's 60-day response deadline after notice of a high-rent/high-income deregulation application. Tenant simply didn't respond to landlord's 1994 application. So tenant's apartment was properly deregulated.

Pledge v. DHCR: NYLJ, p. 27, col. 6 (1/11/99) (App. Div. 1 Dept.; Rosenberger, JP, Wallach, Rubin, Saxe, JJ)