Tenant Had No Excuse for Default in Deregulation Proceeding

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DHCR ruled for landlord based on tenant's failure to answer its notice of landlord's application. Tenant appealed, claiming that he had mailed his answer to the DHCR on time. He also claimed, for the first time on appeal, that he should be excused from any default based on his diminished capacity. The court and appeals court ruled against tenant. Tenant submitted no objective proof that he mailed his answer to the DHCR. So the DHCR's finding that tenant defaulted was neither arbitrary nor unreasonable. And even if the court were to allow tenant's untimely diminished capacity claim, tenant failed to present any facts that warranted consideration.

Eisenberg v. DHCR: NYLJ, 5/19/9, p. 36, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Nardelli, Buckley, Freedman, JJ)