Elderly Tenant's Default Not Excused

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 notice of landlord's application. Tenant appealed. She said that her household income was well below the $175,000 deregulation threshold. She also claimed that she was 81 years old, suffered from significant health problems, and was unable to work; that her only income was Social Security; that she didn't file income tax returns due to her low income; and that she had lived in the apartment for 34 years. The DHCR ruled against tenant. The Rent Stabilization Code requires tenant to answer landlord's application within 60 days. The DRA mailed its notice and answer forms to tenant twice, and neither of these mailings was returned as undeliverable by the Post Office. Post Office records also confirmed that the DRA's notices were delivered on Sept. 10, 2008, and Dec. 31, 2008. Tenant defaulted, and the DRA properly ruled for landlord.

Guber: DHCR Adm. Rev. Docket No. XC410003RT (6/19/09) [3-pg. doc.]