Elderly, Ill Tenant Excused from Default

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer the notice of landlord's application. Tenant appealed and won. Tenant claimed that her income was below the $175,000 deregulation threshold. She also said she was 80 years old and was confused about the DHCR's notice. She thought she didn't have to answer, because she had answered landlord's income certification notice earlier that year. Tenant also showed that she had serious medical problems, emotional stress, and personal problems. Tenant took medication that caused some confusion and memory problems. The DHCR said tenant showed good cause for her excusable default. Tenant had answered two prior high-rent deregulation applications and had responded to landlord's income certification notice before the current application. This indicated that tenant understood the importance of responding and supported her claim that her age and medical problems caused her to default this time.

Devine: DHCR Adm. Rev. Docket No. UC410001RK 7/12/06 [4-pg. doc.]