Tenant Didn't Answer Deregulation Application on Time

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2002. The DHCR mailed the notice of landlord's application to tenant on July 8, 2002. The notice advised tenant that she was required to answer within 60 days. Tenant didn't answer the application. The DRA ruled for landlord based on tenant's default. Tenant appealed, claiming that she didn't answer because she had medical problems during 2002 requiring surgery. Her mother also suffered a series of strokes during that year. The DHCR ruled against tenant. Tenant was given adequate time to respond and didn't give an adequate explanation of her failure to do so. Some of the medical problems tenant complained of occurred before the notice was sent. And tenant's husband also lived in the apartment and should have addressed the notice.

Melo: DHCR Adm. Rev. Dckt. No. QK410089RT (4/22/03) [3-pg. doc.]