Tenant Showed Good Cause to Reopen Deregulation Case

LVT Number: #23219

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2009. The DRA ruled for landlord based on tenant's failure to answer the notice of the application. Tenant appealed. She claimed she was visiting her brother in Las Vegas when the notice was sent. He had Alzheimer's disease. While there, tenant was diagnosed with lung cancer and needed immediate treatment. She remained in Las Vegas to be cared for by her family. Tenant's doctor submitted a letter supporting her claim.

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2009. The DRA ruled for landlord based on tenant's failure to answer the notice of the application. Tenant appealed. She claimed she was visiting her brother in Las Vegas when the notice was sent. He had Alzheimer's disease. While there, tenant was diagnosed with lung cancer and needed immediate treatment. She remained in Las Vegas to be cared for by her family. Tenant's doctor submitted a letter supporting her claim. She also claimed that the front desk staff at her building hadn't forwarded her mail and that, while she was sick, she was unable to answer the DRA's notice. Tenant also pointed out that she had answered prior deregulation applications. The DHCR ruled for tenant and reopened the case. Tenant showed she had serious health problems that prevented her from answering landlord's application on time. Tenant was diagnosed with lung cancer in September 2009, which was shortly before the DRA mailed the answer form to tenant. Tenant also had answered each of landlord's five prior applications, showing that her annual income was less than $175,000. Tenant showed good cause for her default.

Goldring: DHCR Adm. Rev. Docket No. YH410018RT (1/__/11) [4-pg. doc.]

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