Mental Illness Excuses Tenant's Default in Deregulation Case

Landlord applied in 2008 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord because tenant never answered the DHCR's notice, or follow-up notice, of landlord's application. By law, tenant was required to respond within 60 days. Tenant appealed. He claimed that his income was below the annual $175,000 deregulation threshold, and that he suffered from mental illness that prevented him from responding to the DHCR's notices. Tenant also submitted a supporting letter from his psychiatrist and copies of his 2006 and 2007 tax returns. The DHCR ruled for tenant and reopened the case. Tenant presented sufficient excuse for his default. His psychiatrist stated that tenant suffered from chronic schizophrenia, required antipsychotic medication, and didn't fully understand information requiring action outside his normal day-to-day activities. Tenant's family had now become involved in helping tenant attend to his affairs.

7 Washington Square North: DHCR Adm. Rev. Docket No. XC420041RT (5/1/09) [3-pg. doc.]