Landlord Sent ICF to Wrong Tenant

Landlord applied in 2011 for high-rent/high-income deregulation of rent-stabilized tenant's apartment. The DRA ruled against landlord because it didn't attach a copy of the Income Certification Form (ICF) with proof of mailing to its application. Landlord appealed, claiming that a copy of the ICF wasn't required with its application since tenant hadn't returned the ICF to landlord. The DHCR ruled against landlord, who then filed an Article 78 court appeal. The court sent the case back to the DHCR for reconsideration. The DHCR agreed that the ICF wasn't required in this case and reopened the proceeding. Tenant appealed, claiming that she wasn't properly named by landlord or served with an ICF. The case again was sent back to the DHCR for further review.

The DHCR then ruled against landlord. At one time, two tenants were named on the lease for the apartment. One tenant had moved out several years ago. Landlord sent the ICF to that tenant but failed to send an ICF to the tenant who actually remained in the apartment. So landlord's luxury deregulation application was defective and must be dismissed.

145 East 16th Street LLC: DHCR Adm. Rev. Docket No. BU410002RP (11/12/13) [5-pg. doc.]