Tenant's Late Response to Landlord's Deregulation Application Excused

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord based on tenant's failure to respond to notice of landlord's application after 60 days. Tenant appealed. Tenant was elderly and said that she defaulted due to health and personal problems. Tenant suffered from depression, as well as a debilitating and painful medical condition, and financial difficulties. She had trouble organizing her personal affairs. Her roommate also had recently suffered a stroke and had been hospitalized. Tenant was at the hospital every day. The DHCR ruled for tenant and reopened the case. Tenant submitted a doctor's letter confirming that tenant had diabetes and neuropathy. This also was the first time tenant had received a deregulation application, and she wasn't familiar with the procedure.

Higgins: DHCR Adm. Rev. Docket No. UJ420001RK (2/27/07) [4-pg. doc.]