Tenant's Medical Condition Irrelevant to Deregulation Application

(Decision submitted by Jeffrey Turkel of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of rent-stabilized tenant's apartment. The DRA ruled for landlord based on tenant's failure to answer the notice of landlord's application within 60 days. Tenant appealed, claiming that she had a serious medical condition that made it extremely difficult for her to attend to paperwork, and that she was confused by the various regulations and filing requirements. The DHCR ruled against tenant. Tenant is required by law to answer the deregulation notice within 60 days, and the DHCR is required by law to issue a default ruling if tenant doesn't respond. Tenant's medical condition is irrelevant to the outcome.

Linett: DHCR Adm. Rev. Dckt. No. MK410009RP (2/24/99) [4-pg. doc.]