DHCR Can't Process High-Rent/High-Income Deregulation Proceeding If Tenant Moves Out

Landlord applied for high-rent/high-income deregulation of tenant’s rent-stabilized apartment in 2013, claiming that tenant’s rent was $2,500 or more and questioning tenant’s household income. The DRA dismissed the case because correspondence submitted in a prior year’s deregulation proceeding showed that the tenant had moved out. Landlord appealed and lost. Landlord claimed that the DHCR was legally required to process the 2013 case. But, since it was undisputed that tenant had moved out of the apartment, there were no relevant issues to be determined and the DRA properly terminated the 2013 proceeding. Among other things, because tenant had vacated, the DHCR would be unable to conduct a prior income verification inquiry or otherwise further process the case. 

305 Riverside Corp.: DHCR Adm. Rev. Docket No. DT410073RO (2/3/16) [3-pg. doc.]