Tenant's failure to answer deregulation application excused #24294.


Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2009. The DRA ruled for landlord based on tenant's failure to answer the agency's notice of the application. Tenant appealed, asking the DHCR to excuse her default. She claimed that her income was below the deregulation threshold and that she didn't answer the notice due to medical problems. Tenant stated that she was 70 years old and suffered from heart disease, diabetes, dysthymic disorder, anxiety, obsessive-compulsive personality disorder, depression, and memory problems. She therefore was unable to attend to and neglected important mail and paperwork. Tenant had also been hospitalized for cardiac surgery at around the time when the original notice and answer form were mailed to her. Tenant also claimed that the building was subject to J-51 and therefore ineligible for luxury deregulation. The DHCR dismissed tenant's PAR as untimely.

Tenant then...

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