Tenant's Failure to Answer Deregulation Application Excused

June 24, 2019

LVT Number: #30201

Landlord filed an application for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017. The DRA ruled for landlord based on tenant's failure to answer the DRA's notice to tenant of landlord's application. Tenant appealed and won. Tenant, by an attorney, stated that she was elderly and suffering from dementia. Due to that disability, she failed to respond to landlord's application. Landlord then consented to vacate tenant's default based on tenant's showing that her income was below $200,000 per year in 2015 and 2016.

Landlord filed an application for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2017. The DRA ruled for landlord based on tenant's failure to answer the DRA's notice to tenant of landlord's application. Tenant appealed and won. Tenant, by an attorney, stated that she was elderly and suffering from dementia. Due to that disability, she failed to respond to landlord's application. Landlord then consented to vacate tenant's default based on tenant's showing that her income was below $200,000 per year in 2015 and 2016. The DHCR ruled for tenant since tenant demonstrated that health issues caused excusable default, and since landlord also consented to vacate the default.

Nathan: DHCR Adm. Rev. Docket No. GS410036RT (4/3/19) [3-pg. doc.]

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