Tenant Excused for Not Answering High-Rent Deregulation Application

January 1, 2007

LVT Number: 19381

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer the notice of landlord's application within 60 days. Tenant appealed and won. Tenant was over 90 years old and had round-the-clock health aides. Tenant said she had sent the DHCR notice to her accountant, but that the accountant apparently didn't respond on her behalf. She also submitted copies of her tax returns showing that her income was below the deregulation threshold. The DHCR said tenant showed good cause for her default, so she was excused.

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer the notice of landlord's application within 60 days. Tenant appealed and won. Tenant was over 90 years old and had round-the-clock health aides. Tenant said she had sent the DHCR notice to her accountant, but that the accountant apparently didn't respond on her behalf. She also submitted copies of her tax returns showing that her income was below the deregulation threshold. The DHCR said tenant showed good cause for her default, so she was excused. The DRA must rule on whether tenant qualified for high-rent deregulation.

Prosky: DHCR Adm. Rev. Docket No. UF420008RP (11/9/06) [3-pg. doc.]

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