Tenants Didn't Verify Income

Landlord filed an application with the DHCR for high-rent/high-income deregulation of rent-stabilized tenants' apartment. The DRA ruled for landlord based on tenants' failure to verify their household income or otherwise answer the DRA's notice of landlord's application. Tenants appealed, claiming that they never received the DRA's notice. The DHCR denied tenants' PAR, and tenants appealed in court. The court ruled against tenants. The DHCR showed that it had followed its usual procedures in mailing the notice to tenants, so there was a presumption that tenants received it. Only one of the two tenants stated that he hadn't received the notice; the other tenant made no statement. This issue has been raised in many cases and the courts have been somewhat divided. However, the Rent Stabilization Law clearly states that tenants must respond to notice of high-rent/high-income deregulation applications within 60 days of notice from the DHCR. Any change in the law must come from the State Legislature.

Brettholz v. Lynch: NYLJ, p. 26, col. 2 (7/22/98) (Sup. Ct. NY; Braun, J)