Landlord's Failure to Answer DHCR Complaint Excused

Rent-stabilized tenant complained that landlord failed to offer him a timely lease renewal and didn't register his apartment. The DRA ruled for tenant based on landlord's failure to answer the complaint. Landlord appealed, and the case was reopened. Landlord's attorney pointed out that landlord delivered tenant's complaint to him on March 24, 2019. On that date, the attorney was injured in a car accident and out of his office for a while with no one to cover his work. Landlord therefore asked the DHCR to excuse its failure to answer the complaint due to law office failure. Also, Lafayette Morrison HDFC, named as the landlord in tenant's complaint, was a cooperative association that owned the building, but the cooperative shareholder/proprietary lessee was a different entity. Landlord said that the apartment owner had in fact started an eviction proceeding against tenant based on nonprimary residence.

The DHCR found that landlord showed good cause for its default and presented a meritorious defense to the lease violation complaint. Landlord shouldn't be prejudiced by law office failure. The case was sent back to the DRA to consider the claim that landlord wasn't the owner of the apartment and that the owner had started an eviction proceeding before tenant filed his DHCR complaint.

Lafayette Morrison HDFC: DHCR Adm. Rev. Docket No. HU610018RO (12/26/20) [2-pg. doc.]