Elderly Tenant's Default Excused in Deregulation Case

Landlord applied in 2009 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 agency's notice of landlord's application. Tenant filed an untimely PAR, which was dismissed. Tenant then filed an Article 78 court appeal, and the case was sent back to the DHCR for further consideration. The DHCR excused tenant's default and reopened the case. Tenant claimed that her annual household income was below the deregulation threshold. Tenant submitted a letter from her doctor, who stated that she was elderly, suffered from serious health problems and a mental disability, including a brain injury. As a result, tenant was unable to tend to her pesronal affairs or remain organized, and had difficulty performing essential tasks. Tenant showed good cause to permit late filing of a response to landlord's application.

Adelson: DHCR Adm. Rev. Docket No. ZK410004RP (3/15/12) [3-pg. doc.]