Elderly Tenant with Dementia Excused from Default

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, asking the DHCR to excuse his default. He said that he was elderly, forgetful, and suffered from dementia and other serious medical ailments, and that he took a lot of medications. All this affected his ability to conduct business matters in a timely way. He also said that he didn't remember receiving the DHCR's notices. The DHCR ruled against tenant. Tenant appealed to the court. The court sent the case back to the DHCR for reconsideration. After reconsidering, the DHCR ruled for tenant. Tenant claimed that his income level was below $175,000 per year. So he may have a meritorious defense. And tenant presented an adequate explanation for why he didn't answer the DRA's notice based on his serious medical problems. The case was sent back to the DRA to determine whether tenant's income was below the deregulation threshold.

Landa: DHCR Adm. Rev. Docket No. WB410007RP (6/24/08) [3-pg. doc.]