Tenant Excused for Not Answering Deregulation Application

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2005. The DRA ruled for landlord based on tenant's failure to answer the DRA's notice of landlord's application. Tenant appealed, claiming that she was 82 years old and that her default resulted from a serious medical condition. She also claimed that it was the first year she received a luxury deregulation application and wasn't familiar with the process. The DHCR ruled against tenant. She then filed an Article 78 petition to the court, claiming that the DHCR's decision was arbitrary and unreasonable. The court sent the case back to the DHCR for reconsideration. The DHCR then ruled for tenant. Tenant gave a sufficient explanation for why she failed to answer the DRA's notice within 60 days. Good cause was shown to excuse tenant's default. The case was sent back to the DRA to determine whether tenant's income was below the deregulation threshold.

Castroveijo: DHCR Adm. Rev. Docket No. VJ410010RP (12/26/07) [3-pg. doc.]