Tenant Filed Late Answer to Deregulation Application

Landlord applied for deregulation of tenant's rent-stabilized apartment because the monthly rent was $2,000 or more and because landlord claimed that tenant's household income was greater than $250,000 for two years in a row. The DRA ruled for landlord based on tenant's failure to file a timely answer verifying his household income. Tenant appealed, claiming his delay in responding should be excused. The DHCR ruled against tenant. Tenant's response was due on Oct. 3, 1994, but wasn't filed until Nov. 30. This wasn't a slight delay. Tenant also offered no explanation or excuse for this delay. And DHCR's failure to issue an order on landlord's application by Dec. 1, 1994, didn't excuse tenant's default. While the law states that the DHCR should decide 1994 applications by that date, the DHCR's failure to do so doesn't effect the DHCR's authority to rule on high rent/high income deregulation.

Christel, Inc.: DHCR Adm. Rev. Dckt. No. JC410153RT (4/26/96) [3-page document]