Combined Unit Deregulated

December 1, 1997

LVT Number: 11968

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DHCR ruled for landlord based on tenant's failure to timely submit a proper income verification statement in response to landlord's application. Tenant appealed. The court and appeals court ruled against tenant, finding the DHCR's decision reasonable. Tenant claimed he rented two apartments, which had been combined to form one unit with a total monthly rent in excess of $2,000. The DHCR properly ruled for landlord based on tenant's default.

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DHCR ruled for landlord based on tenant's failure to timely submit a proper income verification statement in response to landlord's application. Tenant appealed. The court and appeals court ruled against tenant, finding the DHCR's decision reasonable. Tenant claimed he rented two apartments, which had been combined to form one unit with a total monthly rent in excess of $2,000. The DHCR properly ruled for landlord based on tenant's default. And the high-rent/high-income provisions of the rent stabilization law weren't unconstitutional. Tenant received reasonable notice and reasonable opportunity to be heard, and the law was reasonably related to the legislative purpose of rent regulation.

Nick v. DHCR: NYLJ, p. 27, col. 5 (11/28/97) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Nardelli, Mazzarelli, JJ)

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