Landlord Needn't Submit Unreturned ICF with Deregulation Application

Landlord applied in 2011 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. Tenant's monthly rent was $2,000 or more, and landlord sought verification of tenant's household income for 2009 and 2010. The DRA dismissed landlord's application because landlord failed to attach a copy of the Income Certification Form (ICF) that it was required to send tenant before filing the application. Landlord appealed and won. Landlord pointed out that tenant never filled out and returned the ICF to landlord. Under Rent Stabilization Code (RSC) Section 2531.4, landlord wasn't required to attach a copy of the ICF with its application. This code section covered situations where a tenant didn't return the ICF to landlord. In contrast, under RSC Section 2531.3, if tenant had filled out and returned the ICF to landlord and certified that his income exceeded the deregulation threshold, landlord was required to submit this form with its application. The case was sent back to the DRA for processing on the merits.

120 West 86th Street LLC: DHCR Adm. Rev. Docket No. BM410009RP (2/11/13) [4-pg. doc.]