Tenants Claim Nonreceipt of Notice in Building Where Landlord's Employees Sorted Mail

Landlord applied for high-rent/high-income deregulation of tenants’ apartment in 2009. The DRA ruled for landlord based on tenants’ failure to answer the notice of landlord’s application. Tenants appealed, claiming that they didn’t receive the DHCR’s notice and that their income was below the deregulation threshold. The DHCR ruled against tenants, who filed an Article 78 appeal. The court sent the case back to the DHCR for reconsideration since tenants showed there were many problems with mail delivery at the building where landlord’s doormen sorted the mail, that tenants’ income was below the deregulation threshold for at least one of the two relevant tax years, and tenants had answered notices of eight prior deregulation applications. Upon remand, the DHCR sent the case back to the DRA to determine the merits based on tax information to be requested from DTF.

Weiss: DHCR Adm. Rev. Docket No. EU410002RP (11/15/16) [4-pg. doc.]