Tenant's Failure to Answer Deregulation Application Excused

Landlord filed an application for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2009 because tenant's rent was more than $2,000 per month and in order to establish whether total annual household income was more than $175,000 in 2007 and 2008. The DRA ruled for landlord based on tenant's failure to answer notice of the application. Tenant filed a PAR, which the DHCR dismissed as untimely. Tenant then filed an Article 78 court appeal and raised medical and health issues as reasons why he didn't respond to the notice. Based on good cause shown by tenant, the court ordered the DHCR to take the case back for reconsideration. The DHCR ruled that tenant's default should be excused for the medical and health reasons raised. Landlord presented no proof to the contrary. And tenant had answered two prior "LD" deregulation applications, showing that tenant understood the consequences of not answering and this supported his claim of serious medical conditions. The DHCR ordered the DRA to take the case back to determine whether tenant's income was above the deregulation threshold for the years in question.

Myer: DHCR Adm. Rev. Docket No. DU410019RP (4/27/18) [5-pg. doc.]