Depression Excuse for Not Getting Proof of Mailing Application

Landlord applied 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 DHCR's notice of landlord's application. Tenant appealed, claiming that he did mail an answer of the notice to the DHCR. Tenant said that he didn't get a mailing receipt from the post office because he was depressed due to marital problems, business losses, and the recent deaths of his nephew and uncle. Tenant submitted a psychiatrist's letter in support of his claim. The DHCR ruled for tenant and reopened the case. Tenant showed a reasonable excuse for not getting proof of mailing. Tenant had answered previous high-rent/high-income deregulation notices for seven years before this one. So tenant clearly understood the importance of answering the DHCR's notice. Landlord's prior applications all were dismissed because tenant's income was below the deregulation threshold.

Weiner: DHCR Adm. Rev. Docket No. VF410007RP (9/20/07) [4-pg. doc.]