Landlord Disputes Household Income

Landlord applied in 2009 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled against landlord because DTF records showed that for one of the two relevant tax years, 2007, tenant's total household income was less than $175,000. Landlord appealed and lost. Landlord pointed out that it had a pending PAR against the DRA's order denying its 2008 luxury deregulation application against tenant. In that prior case, landlord challenged the DRA's ruling that tenant's roommate didn't occupy the apartment as a primary residence for purposes of high-income deregulation. Landlord argued that the DHCR shouldn't have decided its 2009 application while its appeal of the 2008 application decision was pending. But the DHCR had now denied landlord's PAR of the 2008 application. And landlord didn't present any new or different information about the roommate in its 2009 application. 

230 West 97th Street LLC: DHCR Adm. Rev. Docket No. YJ410018RO (11/27/12) [3-pg. doc.]