DHCR Needn't Decide Landlord's High Rent Deregulation Application

Landlord applied to the DHCR to deregulate tenant's luxury apartment. Landlord's application included tenant's income certification that her household income had exceeded $250,000 a year for the last two years. Tenant then filed a corrected income statement, indicating that her yearly income was less than $250,000, and asked the DHCR to deny landlord's application. The DHCR notified landlord that tenant had challenged the application and that, to reassert the claim, landlord needed to refile the application. Landlord asked the court to order the DHCR to rule on his application and deregulate the rent. The court refused. The DHCR had no duty to destabilize the apartment because landlord first had to resubmit the application. Also, landlord didn't show that the apartment's deregulation was likely.

Matter of Classic Residences: NYLJ, p. 31, col. 1 (7/1/94) (Sup. Ct. NY; Lobis, J)