Tenant's Travel and Medical Issues Excused Her Default in Deregulation Case

LVT Number: #27098

Landlord applied in 2014 for high-rent/high-income deregulation of tenant’s rent-stabilized apartment. The DRA ruled for landlord based on tenant’s failure to respond to its notice of landlord’s application. Tenant appealed, and the DHCR reopened the case. Tenant claimed that she had traveled to California for part of 2014 and that, when she returned, she had personal medical issues that prevented her from answering the notice.

Landlord applied in 2014 for high-rent/high-income deregulation of tenant’s rent-stabilized apartment. The DRA ruled for landlord based on tenant’s failure to respond to its notice of landlord’s application. Tenant appealed, and the DHCR reopened the case. Tenant claimed that she had traveled to California for part of 2014 and that, when she returned, she had personal medical issues that prevented her from answering the notice. Tenant also had answered the notice of landlord’s two prior annual deregulation applications, and therefore understood the consequences of not responding. The DHCR found that tenant had shown good cause for vacating her default. 

 

 

 

Corbitt: DHCR Adm. Rev. Docket No. EO410032RT (6/15/16) [4-pg. doc.]

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