DRA Should Have Rechecked DTF's Records

(Decision submitted by Robert H. Berman of the Manhattan law firm of Borah Goldstein Altschuler & Schwartz, P.C., attorneys for the landlord.) Landlord applied for high-income/high-rent destabilization of tenant's apartment. The DRA ruled against landlord because Department of Taxation and Finance (DTF) records for 1992 and 1993 indicated that tenant's household income was under $250,000 for each of those years. Landlord appealed, arguing that the DRA should have rechecked DTF records for a match of tenants' 1993 tax returns after tenants informed the DRA that in those tax returns they had given an address other than the apartment. The DHCR ruled for landlord and sent the case back for rechecking of the DTF records.

220 E. 72nd St. Co.: DHCR Adm. Rev. Dckt. No. JI410090RO (11/14/96) [2-page document]