Tenant Didn't Answer Deregulation Application on Time

LVT Number: 18532

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's not answering the deregulation application within 60 days of notice from the DRA. Tenant appealed, claiming that the household income for the apartment was below the threshold for deregulation. He also claimed that he didn't answer on time because he was elderly, forgetful, and suffered from dementia and other medical ailments.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's not answering the deregulation application within 60 days of notice from the DRA. Tenant appealed, claiming that the household income for the apartment was below the threshold for deregulation. He also claimed that he didn't answer on time because he was elderly, forgetful, and suffered from dementia and other medical ailments. The DHCR ruled against tenant. Tenant never answered landlord's application. And though represented by an attorney when he filed a PAR, tenant didn't present sufficient proof of his reason for not answering. So tenant didn't show good cause that would excuse his not responding.

Landa: DHCR Adm. Rev. Dckt. No. TI410048RT (11/10/05) [3-pg. doc.]

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