DHCR Reopens Deregulation Case

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2009. The DRA ruled for landlord after tenant failed to answer the notice of landlord's application. Tenant appealed. The DHCR granted her request to reopen the case. Tenant claimed that her income was less than $175,000 per year. She also said that English was her second language, that she didn't understand the nature or significance of the papers the DRA sent her, and that she mistakenly believed no response was required from her. Tenant also said that she had health problems including congestive heart failure, that she lived alone, and that she had to travel to Florida to care for a sick, elderly friend who died in June 2010. This also was the first luxury decontrol proceeding commenced for tenant's apartment, so she had no prior experience with these cases.

Kaminska: DHCR Adm. Rev. Docket No. YH410002RT (3/__/11) [3-pg. doc.]