Posted by DK on August 25, 1999 at 19:47:25:
In Reply to: deregulation of rent stabilized apartment. posted by Rick on August 24, 1999 at 16:24:15:
: Have recieved order of deregulation from DHCR.
: Never received 'Petition and Notice to Tenant to Provide Information for
: Verification of Hosehold Income for 1999' from DHCR. All other requests
: in the past received from DHCR have been replied to promptly. Building
: has a history of mail being lost. Can anyone offer advice.
You will have to file an article 78 proceeding in Supreme Court within 60 days of the date of the DHCR deregulation order. At the same time you should file a request for reconsideration with DHCR. The facts in your case are virtually identical to Seymour v. DHCR decided by the Appellate Division in the tenant's favor. (NY Law Journal 5/13/99 p. 27, col. 5).
Don't dawdle, you need to act immediately to save your rent stabilized status.
Don't expect DHCR to cut you any slack. They have been vigorously ruling that failure to respond to the deregulation petition on time automatically results in a deregulation order. DHCR feels so strongly about this that they are appealing the Seymour decision to the Court of Appeals, which has scheduled oral argument in November.
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