DHCR Needn't Issue High-Income Decontrol Order

Landlord asked the DHCR to deregulate tenant's apartment based on tenant's high income. The DHCR never issued an order or ruling. Landlord sought a court order directing the DHCR to do so. The court ruled against landlord. The DHCR let tenant submit a corrected income certification form after she'd already submitted an initial one. Nothing in the law prohibited this. The law doesn't prohibit this. The DHCR properly allowed the recently widowed tenant to submit a corrected form, since she had been uncertain as to whether the income of her deceased husband's estate should be included in her income as tenant. The corrected form indicated that tenant's income was below the threshold for high-income decontrol. Therefore, the DHCR wasn't required to issue a high-income decontrol order.

Classic Residences v. DHCR: NYLJ, p. 26, col. 3 (2/16/95) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Nardelli, Williams, JJ)