Deregulation Ruling Can't Be Reversed Based on Later, Lower Income

March 31, 2011

LVT Number: #23270

Landlord filed for high-rent/high-income deregulation of tenant's apartment in 2008. The DRA ruled for landlord since tenant's income was more than $175,000 in both 2006 and 2007. Tenant appealed, claiming that he suffered financial reverses and earned less than $50,000 in 2009. The DHCR ruled against tenant, who appealed and lost. Under Rent Stabilization Law Section 26-504.3, landlord's 2008 application permitted the DHCR to consider tenant's income only for the years 2006 and 2007. Tenant's later annual income couldn't be considered. Tenant's apartment was properly deregulated.

Landlord filed for high-rent/high-income deregulation of tenant's apartment in 2008. The DRA ruled for landlord since tenant's income was more than $175,000 in both 2006 and 2007. Tenant appealed, claiming that he suffered financial reverses and earned less than $50,000 in 2009. The DHCR ruled against tenant, who appealed and lost. Under Rent Stabilization Law Section 26-504.3, landlord's 2008 application permitted the DHCR to consider tenant's income only for the years 2006 and 2007. Tenant's later annual income couldn't be considered. Tenant's apartment was properly deregulated.

Follin v. DHCR: Index No. 110207/10 (Sup. Ct. NY; 2/24/11; Huff, J)

Topics

More like this