Depression Excuses Tenant's Failure to Complete Deregulation Application

Landlord applied to the DHCR in 2007 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. Tenant answered within 60 days but didn't submit the required income verification information. The DTF had no income tax filing information for tenant for either 2005 or 2006. The DRA sent tenant three additional notices, asking for information. The DRA then ruled for landlord and deregulated tenant's apartment based on tenant's failure to respond. Tenant appealed. She claimed that she suffered from severe clinical depression, which had a severe impact on her daily functioning and left her confused and disoriented. Tenant submitted letters from her psychologist and psychiatrist attesting to her condition. Tenant also submitted copies of missing tax returns she said were now filed with the DTF. The DHCR reopened the case. Tenant's default was excusable. The case was sent back to the DRA to rule on whether tenant's income was high enough to warrant deregulation.

170 East 83rd Street: DHCR Adm. Rev. Docket No. XC410032RT (5/8/09) [4-pg. doc.]