Elderly Tenants Excused from Default in Deregulation Case

Landlord applied for high-rent/high-income deregulation of tenants’ rent-stabilized apartment in 2007. The DRA ruled for landlord based on tenants’ failure to answer its notice of landlord’s application. Tenants appealed and asked to be excused from their default. They explained that they were both over 80 years old and had serious health problems, and that this affected their ability to handle their affairs. The DHCR ruled for tenants and reopened the case for good cause shown. Tenant husband had advanced Parkinson’s Disease, as well as heart and urinary tract conditions. He had been hospitalized a few times recently and now was housebound and needing constant care from his wife. Tenant wife had extensive arthritis, ulcers, and kidney problems, and previously relied on her husband to handle paperwork. Tenants also showed that they had answered four prior deregulation applications and had returned landlord’s 2007 Income Certification Form. Tenants demonstrated that they intended to comply with filing requirements and that their health problems prevented them from doing so in 2007.

Eskow: DHCR Adm. Rev. Docket No. WH410026RT (11/26/08) [3-pg. doc.]