Tenant May Have Good Cause to Vacate Default

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DHCR ruled for landlord based on tenant's failure to answer the DHCR's notice of landlord's application. Tenant appealed to the court in an Article 78 proceeding, claiming that he had good cause to vacate the default. Tenant claimed that he had mailed in an answer but didn't keep proof of mailing. The court ruled against tenant. Tenant appealed again. The appeals court ruled for tenant and reopened the case. Tenant was elderly and the housing court had appointed a guardian ad litem for him in an eviction proceeding landlord had started against him. The case should be reopened to consider additional evidence on whether there was good cause to excuse either tenant's failure to answer in a timely manner or to retain proof of mailing his answer.

Eisenberg v. DHCR: NYLJ, 12/18/08, p. 40, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Nardelli, Buckley, Freedman, JJ)