Landlord Claims Excessive DHCR Delay in Deciding Deregulation Application

In April 1995 landlord filed applications with DHCR requesting high-rent/high-income deregulation of 12 apartments. Landlord later brought an Article 78 proceeding in court to force the DHCR to issue a decision on its applications. Landlord claimed that the DHCR had delayed too long in deciding the applications and asked the court to order the DHCR to rule on them immediately. The DHCR pointed out that it had issued orders in two cases. In four other cases the DHCR had already sent landlord and tenants a seven-day notice showing that it had received tenant income verification from the state Department of Taxation and Finance (DTF) and that orders would be issued within 30 days. In the other six cases, the DHCR had requested tenant income verification from the DTF. DTF had advised the DHCR that it couldn't locate tenants' names, and requested additional data. DHCR was in the process of submitting the additional information to the DTF. The court ruled against landlord. Rent control and rent stabilization laws require the DHCR to get tenant income verification from the DTF in order to process high-rent/high-income deregulation applications. DHCR hadn't delayed unduly in gathering the necessary information. Landlord didn't name DTF as a party in its proceeding, and the DHCR had no control over that agency.

Belnord Realty Assocs. v. DHCR: NYLJ, p. 21, col. 2 (8/21/96) (Sup. Ct. NY; Bransten, J)