Japanese-Speaking Tenant Didn't Answer Deregulation Notice

LVT Number: #19793

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. She said that her total household income was below $175,000 annually, that she was elderly, that her native language was Japanese, and that she had trouble understanding English. Tenant said that she didn't understand the DHCR's forms or realize the effect of not responding. The DHCR ruled against tenant.

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. She said that her total household income was below $175,000 annually, that she was elderly, that her native language was Japanese, and that she had trouble understanding English. Tenant said that she didn't understand the DHCR's forms or realize the effect of not responding. The DHCR ruled against tenant. The DHCR can excuse tenant from not responding to the deregulation notice within 60 days only if tenant shows good cause. Tenant's difficulty understanding English didn't excuse her from answering the DHCR's notice. Tenant submitted copies of her tax returns with her PAR, demonstrating that she was able to attend to required matters and documents that must be answered in English.

Sato: DHCR Adm. Rev.Docket No. UL410032RT (4/12/07) [4-pg. doc.]

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