Tenant Had Justifiable Excuse for Not Responding to Deregulation Application

August 31, 2003

LVT Number: 16826

Facts: Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. Tenant didn't answer the DHCR's notice of landlord's application within the 60-day time limit. The DRA ruled for landlord based on tenant's default, and tenant appealed. The DHCR ruled against tenant. Tenant then sued the DHCR in court, claiming that the agency's decision was unreasonable. Court: Tenant wins. Tenant was 79 years old and was receiving kidney dialysis treatment. She also claimed that her income was far below the $175,000 deregulation threshold.

Facts: Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. Tenant didn't answer the DHCR's notice of landlord's application within the 60-day time limit. The DRA ruled for landlord based on tenant's default, and tenant appealed. The DHCR ruled against tenant. Tenant then sued the DHCR in court, claiming that the agency's decision was unreasonable. Court: Tenant wins. Tenant was 79 years old and was receiving kidney dialysis treatment. She also claimed that her income was far below the $175,000 deregulation threshold. The DHCR arbitrarily didn't consider tenant's justifiable excuse for not responding to the deregulation application. Tenant also had a defense based on her low income.

Norwood v. DHCR: NYLJ, 8/14/03, p. 18, col. 2 (Sup. Ct. NY; Beeler, J)

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