Tenant Default Excused Due to Illness

Landlord applied for high-rent/high-income deregulation of rent-stabilized tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer the agency's notice of the proceeding. Tenant appealed, and the case was reopened. Tenant claimed that she was ill and taking medications that made her believe that she had answered landlord's application on time. Tenant had responded to prior deregulation applications on time. The DRA had in fact received an answer from tenant on the day before it issued its order. Tenant submitted copies of tax returns indicating that her income was below the deregulation threshold. Tenant showed good cause for her late filing, so her default was excused. The case was reopened so that the DRA could verify tenant's income with the State Department of Taxation and Finance.

Steingart: DHCR Adm. Rev. Docket No. ZI410046RT (9/13/12) [4-pg. doc.]