Income Certification Form Listed Corporate Tenant

(Decision submitted by Robert H. Gordon of the Manhattan law firm of Shaw & Binder, attorneys for the landlord.) Landlord applied for high rent/high income deregulation of tenant's rent-stabilized apartment. Tenant admitted that the apartment household was over the income threshold for the two years in question. The DRA ruled for landlord, and tenant appealed. Tenant claimed that the Income Certification Form (ICF) was defective because it listed only a corporation as the tenant. In fact the only actual tenant was tenant's former husband. Tenant also argued that landlord and tenant had later signed a non-stabilized lease renewal for the apartment naming tenant as the tenant of record. So landlord couldn't file for deregulation three years later. The DHCR ruled against tenant. Landlord properly sent tenant the ICF. Tenant didn't respond to it. In answer to landlord's deregulation petition, tenant admitted that the corporation was the tenant of record and that the household income was above the deregulation threshold. The DRA properly deregulated tenant's apartment.

Wolfson: DHCR Adm. Rev. Dckt. No. RD410006RT (8/27/03) [3-pg. doc.]