Tenant's Default in Deregulation Case Excused

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2010. The DRA ruled for landlord based on tenant's failure to answer its notice of tenant's application. Tenant appealed. She claimed that she failed to respond due to severe dementia and memory impairment. She stated that she had Alzheimer's disease and that this severely impeded her ability to handle her affairs and respond to correspondence and inquiries. She submitted letters from her doctor and other health care providers supporting her claim. The DHCR reopened the case and sent it back to the DRA for further consideration. Tenant presented an adequate explanation for her failure to answer the application. Tenant had answered three prior luxury deregulation applications, so should have understood the effect of not answering if she had been able to respond. Tenant also had completed and returned the Income Certification Form that preceded landlord's 2010 application. Tenant showed good cause for her default.

Freid: DHCR Adm. Rev. Docket No. ZI410045RT (5/24/12) [4-pg. doc.]