Tenant Default Excused in Luxury Deregulation Proceeding

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2011. The DRA ruled for landlord based on tenant's failure to respond to the application. Tenant appealed, and the case was reopened. Tenant claimed that his income was so low that he didn't file federal or state income tax returns, and that he didn't remember ever receiving an Income Certification Form from landlord or any DHCR notice of the luxury deregulation application. Tenant also was 97 years old and suffered from degenerative physical and mental conditions that may have resulted in his inadvertent failure to respond. The DHCR reopened the case and sent it back to the DRA for further processing. Tenant denied receipt of the key documents, and, at his building, landlord's employees received and distributed the mail. So there could be no presumption of delivery of the mail. Further, tenant's age and infirmities presented good cause to excuse his default. His conditions were supported by a letter from his doctor, who outlined tenant's conditions and medications. The doctor stated his opinion that tenant suffered from gaps in memory and recollection. Tenant also had answered prior years' luxury deregulation applications, which were denied.

Lehmann: DHCR Adm. Rev. Docket No. BO420013RT (10/21/14) [5-pg. doc.]