Tenant's Answer Submitted After Order Issued

LVT Number: 17105

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett, N.Y., law firm of Pennisi Daniels & Norelli, LLP.) Tenant complained of a reduction in apartment services. The DRA ruled against tenant after tenant didn't answer the DRA's request for additional information. Tenant appealed, claiming that she had answered the request. The DHCR ruled against tenant. The DRA mailed its request for additional information to tenant on March 31, 2003, and gave tenant 21 days to respond. Tenant never asked for an extension but mailed her response to the DRA on May 12, 2003.

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett, N.Y., law firm of Pennisi Daniels & Norelli, LLP.) Tenant complained of a reduction in apartment services. The DRA ruled against tenant after tenant didn't answer the DRA's request for additional information. Tenant appealed, claiming that she had answered the request. The DHCR ruled against tenant. The DRA mailed its request for additional information to tenant on March 31, 2003, and gave tenant 21 days to respond. Tenant never asked for an extension but mailed her response to the DRA on May 12, 2003. This was well after the notice period ended and also after the DRA's order was issued on May 8. So the DRA's order was properly made based on what was in the record. There was insufficient proof to support tenant's claim.

Sierra: DHCR Adm. Rev. Dckt. No. RE410119RT (11/20/03) [2-pg. doc.]

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