Deregulation Permitted After 421-a Benefits End

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. Tenant claimed that his annual total household income was less than $175,000 for the two years in question. The DRA ruled for landlord after DTF records verified that tenant's income was in fact more than $175,000 for each of the two years. Tenant appealed, still claiming that his income was below the deregulation threshold. Tenant also argued that since landlord received 421-a tax benefits, high-rent deregulation provisions didn't apply to his apartment. The DHCR ruled against tenant. DTF records proved that tenant's income was more than $175,000. And landlord's 421-a tax benefits had expired. So tenant was subject to high-rent deregulation under the Rent Stabilization Law and was properly deregulated.

Stahl: DHCR Adm. Rev. Docket No. XJ410038RT (1/11/10) [3-pg. doc.]