Apartment Deregulated in High-Rent/High-Income Proceeding

In 2009, landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. Tenant supplied tax return information for himself and his roommate, claiming that his household income was below the deregulation threshold for both 2007 and 2008. Tenant didn't submit information for another apartment occupant listed on the Income Certification Form (ICF) tenant sent landlord in 2009. The DRA sent tenant eight follow-up notices requesting information for the occupant. Tenant answered only one of the notices, by crossing the occupant's name off the list of persons occupying the apartment. The DRA ruled for landlord based on tenant's failure to respond.

Tenant appealed and lost. Tenant claimed that the occupant had moved out in 2009. But he never explained this in response to any of the DRA's notice requests for additional information, and couldn't raise this for the first time on appeal. And Rent Stabilization Code Section 2431.6 required deregulation if tenant failed to submit--for each person listed on the ICF-- a copy of either the preprinted mailing label used for New York State income tax returns or the first page of the return for the years 2007 and 2008. Tenant's failure to respond prevented the DHCR from verifying the household income with the DTF. 

Nehls: DHCR Adm. Rev. Docket No. AW410023RT (2/12/14) [7-pg. doc.]