Tenant Excused from Default in Deregulation Proceeding

Landlord applied in 2016 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 DRA's notice of landlord's application. Tenant appealed, and the case was reopened. Tenant claimed that he suffered from depression as well as a knee injury that required surgery and resulted in complications. For these reasons he was unable to concentrate, manage his affairs, or respond to important mail. Tenant submitted a letter from his psychologist noting major depression and anxiety problems in recent years, a report from the Hospital for Special Surgery concerning his knee surgery, and an additional report from another doctor concerning eye and vision problems. Tenant had responded to three prior luxury deregulation applications, indicating that he understood the importance of responding. Tenant showed good cause for excusing his default.

Davis: DHCR Adm. Rev. Docket No. GN410034RT (6/27/18) [5-pg. doc.]