Tenant's Medical Conditions Excused Her Failure to Answer Deregulation Notice

Landlord applied for high-rent/high-income deregulation of tenant’s rent-stabilized apartment in 2012. The DRA ruled for landlord based on tenant’s failure to respond or to provide income verification information. Tenant appealed, and the case was reopened. Tenant submitted tax information with her PAR showing that her income was below the deregulation threshold for 2010 and 2011. Tenant also submitted a letter from her psychiatrist stating that tenant had various psychological and physical ailments that affected her ability to address her affairs. Tenant showed good cause for failing to respond to the DRA’s notice by providing an adequate explanation from her doctor. Tenant suffered from PTSD and depression, an inability to concentrate, and Parkinson’s Disease. In response to tenant’s PAR, landlord also didn’t challenge tenant’s factual assertions concerning her conditions. Tenant also had answered landlord’s five prior annual luxury deregulation applications, bolstering her claim that her condition prevented her from responding to the 2012 application. The case was reopened for consideration of tenant’s income verification information.

Curtis: DHCR Adm. Rev. Docket No. EQ410076RT (12/20/16) [4-pg. doc.]