Tenant Didn't Receive Notice of Deregulation Application

July 31, 2007

LVT Number: #19800

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer the application notice. Tenant appealed, claiming that she never received the DRA's notice. After a hearing, the DHCR ruled for tenant and sent the case back for further consideration. Tenant stated that her household income was below the deregulation threshold. She was away when the notice was mailed to her. In addition, all the mail at her building is delivered to landlord's building staff, who then distribute it to tenants.

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer the application notice. Tenant appealed, claiming that she never received the DRA's notice. After a hearing, the DHCR ruled for tenant and sent the case back for further consideration. Tenant stated that her household income was below the deregulation threshold. She was away when the notice was mailed to her. In addition, all the mail at her building is delivered to landlord's building staff, who then distribute it to tenants. The DHCR found that tenant didn't receive the DHCR's notice.

Wilson: DHCR Adm. Rev.Docket No. UE410013RP (5/1/07) [3-pg. doc.]

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