Late PAR Filing Excused Due to Tenant's Medical Condition

Landlord applied for high-rent/high-income deregulation of tenant’s rent-stabilized apartment in 2010. The DRA ruled for landlord based on tenant’s default. Tenant appealed, but her PAR also was untimely. Tenant claimed that she was 78 years old and submitted medical reports from Mt. Sinai Hospital showing that she had a cognitive impairment that affected her memory and organizational abilities. She said this affected her ability both to file her PAR on time and to respond to the deregulation application. The DHCR ruled for tenant and excused her late PAR filing, as well as her failure to respond in a timely manner to the application. The case was sent back to the DRA to decide whether tenant was below the income threshold for deregulation.

Arenal: DHCR Adm. Rev. Docket No. BP420012RT (4/15/15) [2-pg. doc.]