Tenant Had No Proof of Answering Deregulation Application

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord based on tenant's failure to answer the application. Tenant appealed and lost. Tenant claimed that he had answered the application and that his income was below the deregulation threshold. But the DRA sent tenant four separate notices of landlord's application, and retained proof of mailing of each one. The DHCR had no record of tenant ever answering, and tenant had no proof of mailing any answer to the DHCR. The DHCR noted that a New York State appeals court had upheld DHCR regulations requiring tenants to retain proof of answering a luxury deregulation application.

Kiros: DHCR Adm. Rev. Docket No. BQ410033RT (5/27/14) [4-pg. doc.]