Tenant's Answer to High-Rent/High-Income Deregulation Petition Only 10 Days Late

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DHCR sent tenant notice of landlord's application and directed tenant to submit income verification within 60 days. Tenant submitted the income verification form 10 days late. The DHCR ruled for landlord based on tenant's untimely submission and tenant appealed, claiming that the DHCR's ruling was arbitrary and unreasonable. The DHCR argued that the law required a ruling in landlord's favor since tenant answered late. The court ruled for tenant. Tenant ''inadvertently'' mailed his answer only 10 days late, almost a year before the DHCR ruled on landlord's application. The DHCR also had access to the information needed for income verification with the Department of Finance since tenant had submitted an Income Certification Form to landlord before landlord's application was filed.

Elkin v. Roldan: NYLJ, p. 22, col. 1 (8/19/98) (Sup. Ct. NY; Wetzel, J)