Tenant Who Relied on Accountant Excused for Not Answering Deregulation Petition

LVT Number: #28568

The DRA granted landlord's 2015 application for high-rent/high-income deregulation of tenant's rent-stabilized apartment because tenant failed to answer the agency's notice of the application. Tenant appealed, and the case was reopened. Tenant, who was 70 years old and recently widowed, claimed that she believed in good faith that her accountant had responded to the DRA on her behalf. Tenant also showed that she had answered the DRA's notices in six prior luxury deregulation proceedings filed in earlier years.

The DRA granted landlord's 2015 application for high-rent/high-income deregulation of tenant's rent-stabilized apartment because tenant failed to answer the agency's notice of the application. Tenant appealed, and the case was reopened. Tenant, who was 70 years old and recently widowed, claimed that she believed in good faith that her accountant had responded to the DRA on her behalf. Tenant also showed that she had answered the DRA's notices in six prior luxury deregulation proceedings filed in earlier years. So tenant understood the importance of responding to these matters. Tenant also had answered and sent back the Income Certification Form to landlord in 2015, indicating her intent to respond to that year's application. Tenant showed good cause to excuse her default.

Zina Roehm LLC: DHCR Adm. Rev. Docket No. FV410026RT (6/14/18) [4-pg. doc.]

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