Tenant Excused for Not Answering High-Rent/High-Income Application

Landlord applied for high-rent/high-income deregulation of rent-controlled tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer the application. Tenant appealed and asked the DHCR to excuse her default. She claimed that her income was below $175,000. She also stated that she was 85 years old, in poor health, and had severe vision problems that made her unable to read. Tenant's roommate, also in her 80s and with health problems, helped tenant read her mail, but didn't recall receiving the DHCR's notice of the application. Tenant also pointed out that mail was not delivered to locked mailboxes in the building, but was left at tenant's doorstep by landlord's building staff. The DHCR ruled for tenant and reopened the case. Tenant submitted a letter from her doctor that supported her claim. Tenant also had never previously received a deregulation application, so she had no experience with it. Tenant showed good cause for her default.

Rogers: DHCR Adm. Rev. Docket No. UC420014RT 9/26/06 [4-pg. doc.]