Tenant Didn't Answer Luxury Deregulation Application

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord based on tenant's failure to answer the notice of landlord's application. Tenant appealed, claiming her household income was below the deregulation threshold. She said that both she and her mother had many medical problems, so she should be excused for not answering within 60 days. The DHCR ruled against tenant. Tenant filed a court appeal, claiming that the DHCR's decision was unreasonable. The court sent the case back to the DHCR for reconsideration. The DHCR found that tenant had a valid medical excuse for her default and sent the case back to the DRA. The DRA then ruled against landlord after confirming with the Division of Taxation and Finance that tenant's income was below $175,000 for each of the two years in question. Landlord appealed, claiming that the DHCR shouldn't have reopened the case. The DHCR ruled against landlord. The DHCR already decided the issue of reopening the case, and landlord can't argue it again. The DHCR properly determined that tenant showed good cause for her default.

The Congress LLC: DHCR Adm. Rev. Docket No. VD410032RO (7/9/07) [4-pg. doc.]