Tenant Didn't Answer 1995 Deregulation Application

LVT Number: 11400

(Decision submitted by Jeffrey Turkel of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied for high-rent/high-income destabilization of tenant's apartment in 1995, claiming that the apartment rented for $2,000 or more per month and that tenant's household income for each of the prior two years was over $250,000. The DRA ruled for landlord based on tenant's failure to answer landlord's application. Tenant appealed, claiming simply that all information had been submitted in 1994 and 1995.

(Decision submitted by Jeffrey Turkel of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied for high-rent/high-income destabilization of tenant's apartment in 1995, claiming that the apartment rented for $2,000 or more per month and that tenant's household income for each of the prior two years was over $250,000. The DRA ruled for landlord based on tenant's failure to answer landlord's application. Tenant appealed, claiming simply that all information had been submitted in 1994 and 1995. Tenant was apparently referring to his answer to landlord's 1994 high-rent/high-income deregulation application. The DHCR ruled against tenant. Tenant didn't deny being sent the 1995 application and submitted no proof of any answer filed in response to the 1995 application. Tenant was clearly notified by the DHCR of landlord's 1995 application and instructed in bold-face type that failure to respond within 60 days would result in deregulation of the apartment.

Geffen: DHCR Adm. Rev. Dckt. No. KA410074RT (12/3/96) [3-page document]

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