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Posted by DK on August 27, 1999 at 12:26:38:

In Reply to: Re: deregulation of rent stabilized apartment. posted by DK on August 25, 1999 at 19:47:25:

: : 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.

After some reflection, I realize that I was wrong in stating that you need to file an Article 78 proceeding. Instead, you need to file a petition for administrative review (PAR) with DHCR in addition to the application for reconsideration. The deadline for doing this, as indicated on the deregulation order which you received, is 35 days from the date of the DHCR de-regulation order. The Article 78 proceeding comes after DHCR denies your PAR and reconsideration requests.

If you value your rent regulated status, you need to act promptly.

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Comments:
: : : 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.

: After some reflection, I realize that I was wrong in stating that you need to file an Article 78 proceeding. Instead, you need to file a petition for administrative review (PAR) with DHCR in addition to the application for reconsideration. The deadline for doing this, as indicated on the deregulation order which you received, is 35 days from the date of the DHCR de-regulation order. The Article 78 proceeding comes after DHCR denies your PAR and reconsideration requests.

: If you value your rent regulated status, you need to act promptly.


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