Landlord Didn't Attach Unreturned ICF

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2011. The DRA ruled against landlord because landlord failed to attach to its application a copy of the prerequisite Income Certification Form (ICF) and proof of mailing to tenant. Landlord appealed, and the DHCR denied its PAR. Landlord then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court sent landlord's case and a number of other similar cases back to the DHCR for reconsideration. The DHCR then ruled for landlord. Under Rent Stabilization Code Section 2531.4, if tenant fails to return the ICF to landlord, the landlord may file an application for deregulation on or before June 30. Where, as here, tenant failed to return the ICF to landlord, the Rent Stabilization Code doesn't require landlord to attach a copy of the ICF to its deregulation application. This is required only if tenant had completed and returned the form. Landlord's application was sent back to the DRA for a determination on whether tenant's household income exceeded the deregulation threshold during 2009 and 2010.

140 West 55th Street: DHCR Adm. Rev. Docket No. BO410007RP (5/10/13) [4-pg. doc.]