Landlord Properly Sent Income Certification Form to Tenant

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord filed a high-rent/high-income deregulation with the DHCR for tenants' apartment. Before filing, landlord delivered an Income Certification Form to tenants, who were a married couple. Only tenant-husband signed the ICF and acknowledged that their household income was above the threshold for deregulation. The DRA and DHCR ruled for landlord, and tenant-wife appealed. She claimed the DHCR's decision was unreasonable because an ICF wasn't delivered separately to her. The court ruled against tenant. Landlord had sent the ICF to ''Masato and Sunao Yasuda'' by certified mail. Although tenant-wife claimed her husband never informed her of the mailing, this wasn't a violation by the DHCR or landlord.

Yasuda v. DHCR: Index No. 104016/99 (6/25/99) (Sup. Ct. NY; Fried, J) [5-pg. doc.]