Tenant Submitted Partial Answer in Deregulation Case

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2008. Tenant answered the DRA's notice of the application by stating that she was 94, in poor health, and living solely on Social Security benefits. The DRA advised tenant that her answer was incomplete and requested proof of filing of her tax returns. The DRA ruled for landlord based on tenant's default when tenant didn't respond to the follow-up notice. Tenant appealed, claiming that she never received the DRA's second notice. The DHCR ruled for tenant and reopened the case. The DHCR's records didn't contain proof of mailing of the second notice, and it was unclear what was sent to tenant. Tenant did submit some response to the DRA's initial notice and answered notice of the Income Certification Form sent by landlord earlier that year. Under the circumstances, tenant's default, if any, was excusable.

Boren: DHCR Adm. Rev. Docket No. YJ410008RT (5/11/11) [4-pg. doc.]