Tenant's Appeal of Deregulation Order Terminated Based on Tenant's Death

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017. The DRA ruled for landlord after tenant failed to respond to two notices of landlord's application, and ordered that tenant's apartment be deregulated when tenant's existing lease expired. Tenant appealed and pointed out that she was unable to complete her response to landlord's application because she was terminally ill. But while tenant's PAR was pending, landlord advised the DHCR that tenant had passed away. Tenant was the only listed apartment occupant on the Income Certification Form (ICF) that tenant had submitted in response to landlord's service of the ICF before filing its deregulation application. The DHCR therefore terminated tenant's appeal as moot.

Geller: DHCR Adm. Rev. Docket No. GQ410065RT (10/9/18) [2-pg. doc.]