DHCR Relies on 2002 Ruling on Tenant's 2001 Income for Landlord's 2003 Application

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2003. The DHCR ruled against landlord. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court and appeals court ruled against landlord. Landlord had previously applied for high-rent/high-income deregulation of tenant's apartment in 2002. The DHCR ruled against landlord in 2002 because tenant's 2001 income didn't exceed the $175,000 household income threshold. Tenant's 2001 income also determined the result of landlord's 2003 application, since income for the prior two years was reviewed. And the DHCR's ruling on the 2002 application already determined tenant's 2001 income. Therefore, the 2002 ruling determined the result of landlord's 2003 application.

171 West 57th Street Oper. v. DHCR: NYLJ, 3/13/07, p. 28, col. 1 (App. Div. 1 Dept.; Friedman, JP, Williams, Gonzalez, Sweeny, McGuire, JJ)