DHCR Excuses 89-Year-Old Tenant’s Default in Deregulation Case

LVT Number: #26493

Landlord applied for high-rent/high-income deregulation of tenant’s rent-stabilized apartment in 2012. The DRA ruled for landlord based on tenant’s failure to answer the DRA’s notice of landlord’s application. Tenant appealed, and the case was reopened because tenant showed a good reason for her default. Tenant’s son stated that tenant was 89 years old and suffered from various medical problems, including dementia. She wasn't mentally capable of handling her affairs.

Landlord applied for high-rent/high-income deregulation of tenant’s rent-stabilized apartment in 2012. The DRA ruled for landlord based on tenant’s failure to answer the DRA’s notice of landlord’s application. Tenant appealed, and the case was reopened because tenant showed a good reason for her default. Tenant’s son stated that tenant was 89 years old and suffered from various medical problems, including dementia. She wasn't mentally capable of handling her affairs. Her son, who lived in Boston and now handled matters for her, said he never saw or received notice or answer forms from the DHCR. He also stated that tenant’s income was below the deregulation threshold. Tenant’s doctor also submitted a letter supporting tenant’s claim. DHCR records showed that tenant had answered each of four prior deregulation proceedings commenced by landlord. This indicated that tenant had knowledge of the consequences of not answering and her intent to comply with the law. Landlord also didn’t object to vacating the default.

 

 

 

Glass: DHCR Adm. Rev. Docket No. CP410058RT (7/9/15) [4-pg. doc.]

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