Tenant Didn't Prove She Answered Notice of Deregulation Application

Landlord applied for the high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer the notice of the application. Tenant appealed and lost. She claimed that her income level was under the deregulation threshold and that she had filed a timely answer to the DRA's notice. However, tenant submitted no proof of mailing or delivery of her answer. An appeals court has ruled that the DHCR regulations require tenants to keep proof of mailing or other filing.

Joffe: DHCR Adm. Rev. Docket No. UA410016RT 7/24/06 [4-pg. doc.]