Tenant Excused for Not Answering Deregulation Notice

Landlord applied in 2007 for high-rent/high-income deregulation of tenant's rent-controlled apartment. The DRA ruled for landlord based on tenant's failure to answer the notice of landlord's application. The DRA's notice specifically notified tenant that, by law, she was required to answer within 60 days. The DRA also sent tenant a second notice in January 2008, before ruling against tenant.
Tenant appealed, claiming that her household income was below the $175,000 threshold for each of the two years in question. In addition, she said that she was 81 years old and infirm, suffered from various serious medical conditions, and suffered from memory loss and lapses. Tenant said that she put the DRA's notice aside to ask her son to help her and then forgot about it. This was the first luxury decontrol application tenant had received, and she didn't understand the need for a prompt response. Tenant submitted her answer to landlord's application with her PAR. The DHCR ruled for tenant. The DHCR has the authority to accept late filing of an answer to a luxury deregulation application for good cause shown. Tenant's claim was supported by a sworn statement from her son, and landlord submitted no response contradicting the claims made in tenant's PAR. Tenant showed a good excuse for the default. The case was sent back to the DRA for verification of tenant's claimed income.

Lack: DHCR Adm. Rev. Docket No. WG420007RT (9/3/08) [4-pg. doc.]