Elderly Tenant Excused for Not Answering High-Rent Application

June 30, 2007

LVT Number: #19707

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DHCR ruled for landlord based on tenant's failure to answer DHCR's notice of landlord's application. Tenant appealed, claiming that she had good cause for failing to answer. Tenant was 85 years old and said she was forgetful, had mild dementia, and was physically unwell. She also said that her total household income was less than $175,000 annually. The court sent the case back to the DHCR for reconsideration. The DHCR then ruled for tenant.

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DHCR ruled for landlord based on tenant's failure to answer DHCR's notice of landlord's application. Tenant appealed, claiming that she had good cause for failing to answer. Tenant was 85 years old and said she was forgetful, had mild dementia, and was physically unwell. She also said that her total household income was less than $175,000 annually. The court sent the case back to the DHCR for reconsideration. The DHCR then ruled for tenant. Tenant had shown that she had serious age-related health problems, including problems with memory. The DRA should determine whether tenant's income was below the deregulation threshold.

Rae: DHCR Adm. Rev. Docket No. UK410006RP (4/5/07) [3-pg. doc.]

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