Tenant's Default Excused in Deregulation Case

Landlord applied in 2009 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord based on tenant's failure to answer the DRA's notice of landlord's application. Tenant appealed, and the case was reopened. Tenant claimed that her annual household income was below the $175,000 threshold during 2007 and 2008. And tenant had a good excuse for her default. She was 83 years old and suffered from serious health problems, including post-polio syndrome and balance problems. She was confined to a bed or a wheelchair, and had been hospitalized five or six times during 2009. She also had had numerous surgeries and required constant medical care. Tenant had never received a deregulation application before, found it confusing, and had her health care aide forward it to her accountant. Tenant submitted copies of her tax returns showing her income to be less than the deregulation threshold. Given her specific health problems, tenant showed good cause for not answering the DRA's notice. She shouldn't be held responsible for her accountant's failure to follow up. The case was sent back to the DRA for a ruling on the merits.

Kaufmann: DHCR Adm. Rev. Docket No. YJ410025RT (5/27/11) [3-pg. doc.]