Tenant's Default in Deregulation Case Excused

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2009. The DRA ruled for landlord based on tenant's failure to answer the DRA's notice of landlord's application. Tenant appealed, claiming that his default was caused by severe psychiatric problems. The DHCR ruled for tenant and reopened the case. Tenant submitted copies of tax returns indicating that his household income was below $175,000 for 2007 and 2008. Tenant also submitted letters from his psychiatrist stating that tenant suffered from extreme, abnormal anxiety and insecurity in response to official notices, as well as alcohol and drug addiction. The doctor said that tenant's condition caused psychosis that prevented him from responding to legal notices. Tenant had lived in the apartment for 22 years. The DRA should rule on the merits of whether the apartment qualifies for luxury deregulation.

Josephson: DHCR Adm. Rev. Docket No. ZA410026RT (9/28/11) [3-pg. doc.]