Tenant Didn't Respond to Deregulation Petition on Time

In 1994 landlord applied for high-rent/high-income deregulation of tenant's apartment. Tenant didn't answer landlord's petition, and the DRA ruled in landlord's favor based on tenant's default. Tenant appealed and submitted proof that his annual income was less than $250,000 for 1992 and 1993. The DHCR ruled against tenant, finding that tenant's response was untimely. Tenant appealed to the court, claiming that the DHCR's ruling was unreasonable. The court ruled for tenant. Landlord had filed another deregulation application in 1995. The DHCR ruled against landlord in the 1995 case because it found that tenant's income was too low for 1993 and 1994. The court sent the 1994 case back to the DHCR for further processing. Since the DHCR already had income verification information for tenant for the overlapping year of 1993, it should be able to verify tenant's income for purposes of landlord's 1994 application.

Pledge v. Langham Mansions Co.: NYLJ, p. 25, col. 6 (5/27/98) (Sup. Ct. NY; Gangel-Jacob, J)