Elderly Tenants Excused from Default in Deregulation Case

Landlord applied for high-rent/high-income deregulation of tenants' apartment in 2005. The DRA ruled for landlord based on tenants' failure to answer the DRA's notice of landlord's application. Tenants appealed, stating that they were both in their eighties, in poor health, and unable to leave their apartment. They also said they had given the answer form to a friend to mail for them, but he didn't actually mail it. Tenants' friend submitted a sworn statement confirming their claim. The DHCR ruled for tenants and reopened the case. Tenants showed a good excuse for their default. Tenants attempted to have someone mail their answer to the DHCR and shouldn't be held responsible for their friend's failure to complete the mailing. Earlier in 2005, tenants had completed and returned the Income Certification Form to landlord. This showed their intent to comply with the filing procedures required in luxury deregulation proceedings. The case was sent back the DRA to rule on whether the apartment qualified for high-rent/high-income deregulation.

Waltzer: DHCR Adm. Rev. Docket No. VI410005RP (12/7/07) [4-pg. doc.]