Deregulation Applied to New Tenant Who Didn't Live in Apartment During Prior Tax Years

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2018, claiming that the legal rent was $2,733.75 or more. Tenant had admitted in the Income Certification Form (ICF) that her annual household income exceeded $200,000 in both 2016 and 2017. The DRA ruled for landlord and deregulated the apartment. Tenant appealed and lost. Tenant argued that she moved into the apartment in March 2018 and didn't live there during 2016 and 2017. But that didn't matter. The relevant date for determining occupancy of the apartment for luxury deregulation purposes is the date that landlord sent tenant the ICF. In this case, that was in April 2018 when tenant was in occupancy.

Eagan: DHCR Adm. Rev. Docket No. GT110018RT (12/12/18) [2-pg. doc.]