Landlord Didn't Name Both Tenants on ICF

Landlord applied in 2011 for high-rent/high-income deregulation of tenants' apartment. The DRA dismissed landlord's application because it didn't send copies of the Income Certification Form (ICF) to both tenants named on the lease. Landlord appealed, claiming that this was a de minimis--that is, minor--defect. The second tenant had acknowledged receipt of a copy of the ICF. The DHCR ruled against landlord. Rent Stabilization Law Section 26-504.3 and Rent Stabilization Code Section 2531.2 required landlord to serve the ICF on tenant(s) before May 1 of the year the application was being filed. Rent Stabilization Code Section 2520.6(d) defined "tenant" as any person named on a lease as a lessee. The ICF form also contained this requirement. So, even though the unnamed tenant had received the ICF, the form was defective and therefore not properly served.

Courtney House, LLC: DHCR Adm. Rev. Docket No. AU410036RO (10/4/13) [2-pg. doc.]