DHCR Corrects Effective Date of Tenant's Deregulation

LVT Number: #23869

Landlord applied for high-rent/high-income of rent-controlled tenant's apartment in 2008. The DRA ruled for landlord and set the deregulation date as June 1, 2008. Tenant appealed, claiming that the effective date was improper. The DHCR ruled for tenant. In April 2008, landlord filed an Income Certification Form showing that tenant admitted that his threshold income was over $175,000 in both 2006 and 2007. Under New York City Rent Control Law Section 26-402.1(b), the effective date of deregulation is June 1, 2009, not 2008.

Landlord applied for high-rent/high-income of rent-controlled tenant's apartment in 2008. The DRA ruled for landlord and set the deregulation date as June 1, 2008. Tenant appealed, claiming that the effective date was improper. The DHCR ruled for tenant. In April 2008, landlord filed an Income Certification Form showing that tenant admitted that his threshold income was over $175,000 in both 2006 and 2007. Under New York City Rent Control Law Section 26-402.1(b), the effective date of deregulation is June 1, 2009, not 2008.

Warner: DHCR Adm. Rev. Docket No. ZE420003RK (12/7/11) [5-pg. doc.]

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