Elderly Tenant Excused for Not Answering Deregulation Notice

July 31, 2007

LVT Number: #19801

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA and DHCR ruled for landlord based on tenant's failure to answer the deregulation notice. Tenant then filed a court appeal, claiming the DHCR's decision was unreasonable. The DHCR took the case back for reconsideration. The DHCR then ruled for tenant. Tenant and his wife were elderly and in failing health. Tenant's wife was physically disabled, and tenant suffered from memory loss that had caused him to fail to respond within 60 days to the deregulation notice.

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA and DHCR ruled for landlord based on tenant's failure to answer the deregulation notice. Tenant then filed a court appeal, claiming the DHCR's decision was unreasonable. The DHCR took the case back for reconsideration. The DHCR then ruled for tenant. Tenant and his wife were elderly and in failing health. Tenant's wife was physically disabled, and tenant suffered from memory loss that had caused him to fail to respond within 60 days to the deregulation notice. Tenant showed good cause for not responding, and the case was sent back to the DRA to verify tenant's household income.

Hollman: DHCR Adm. Rev.Docket No. UL410013RP (5/18/07) [3-pg. doc.]

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