Tenant Didn't Prove He Filed Answer to Deregulation Petition

November 1, 2005

LVT Number: 18466

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer notice of the application within 60 days. Tenant appealed, claiming that he answered by regular mail. But tenant had no proof of mailing, and the DRA received no answer within 60 days, nor at any other time. So tenant's apartment was properly deregulated.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer notice of the application within 60 days. Tenant appealed, claiming that he answered by regular mail. But tenant had no proof of mailing, and the DRA received no answer within 60 days, nor at any other time. So tenant's apartment was properly deregulated.

Schienberg: DHCR Adm. Rev. Dckt. No. TH410015RT (10/25/05) [3-pg. doc.]

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