High-Rent Deregulation Application for Tenant with Visa Denied

Landlord applied for high-rent/high-income deregulation of tenant's apartment. Tenant answered in a timely manner and claimed that his household income was below $175,000 per year for each of the two years in question. Tenant also stated that he hadn't filed tax returns in either year because, pursuant to his visa status, he wasn't required to file New York State income tax returns. The DRA found no match for tenant with the New York State Department of Taxation and Finance (DTF). The DRA ruled against landlord. Landlord appealed, claiming that the DHCR should have investigated tenant's income claims further and required him to submit copies of his tax returns. The DHCR ruled against landlord. Tenant wasn't required to provide an explanation as to why the DTF was unable to match tenant's name with any tax records. Tenant answered the question asked, stating that his income was below the deregulation threshold. Tenant also explained why he didn't file tax returns. The DHCR had no further obligation to investigate tenant's income.

Chatsworth Realty Corp.: DHCR Adm. Rev. Docket No. VG410057RO (9/27/07) [4-pg. doc.]