DHCR Can Rely Solely on Tenants' Tax Returns to Determine Income

February 1, 2005

LVT Number: 17900

Landlord applied for high-rent/high-income deregulation of tenants' apartment in 2003. Tenants claimed that their household income for 2001 and 2002 was less than $175,000 each year. DTF records confirmed tenants' claim. The DHCR ruled against landlord. Landlord appealed, arguing that when tenants moved into the apartment, in 1998, their annual household income was $140,000. So landlord questioned whether tenants' claim was true, and wanted the DHCR to investigate further. The court ruled against landlord.

Landlord applied for high-rent/high-income deregulation of tenants' apartment in 2003. Tenants claimed that their household income for 2001 and 2002 was less than $175,000 each year. DTF records confirmed tenants' claim. The DHCR ruled against landlord. Landlord appealed, arguing that when tenants moved into the apartment, in 1998, their annual household income was $140,000. So landlord questioned whether tenants' claim was true, and wanted the DHCR to investigate further. The court ruled against landlord. The law requires tenants to provide sufficient information so that the DHCR can verify household income with DTF. Tenants did this.

London Terrace Gardens v. DHCR: NYLJ, 1/19/05, p. 18, col. 3 (Sup. Ct. NY; Goodman, J)

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