Income Certification Form Served in Timely Manner

Landlord applied for high-rent/high-income deregulation of tenant’s rent-stabilized apartment. The DRA ruled for landlord based on tenants’ admission in the Income Certification Form (ICF) that their household income was more than $175,000 in 2007 and 2008. Tenants appealed and lost. They claimed that landlord’s ICF was not delivered on time. But landlord attached a copy of the ICF with certificate of mailing to its deregulation application. Landlord sent tenants the ICF on May 1, 2009, which was within the required time period to do so.

Solomon: DHCR Adm. Rev. Docket No. XJ410021RT (12/4/09)