Elderly Tenant's Failure to Answer Deregulation Application Excused

Landlord applied in 2013 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord based on tenant's failure to answer the notice of the complaint from the DHCR. The DHCR then denied tenant's PAR. Tenant filed an Article 78 court appeal, and the court sent the case back to the DHCR for reconsideration. The DHCR then reopened the case because tenant showed good cause for his default and the DRA should decide the case on the merits. Tenant was 95 years old and his failure to answer notice of the proceeding resulted from depression over the death of his wife and diminishing mental capacity. Tenant's diminished memory and cognitive ability accelerated after his wife's death and led to an increasing inability to attend to his affairs. Tenant's daughter now had power of attorney to assist tenant.

Woodard: DHCR Adm. Rev. Docket No. GM410005RP (1/26/18) [3-pg. doc.]