Landlord Sent Tenant Second ICF

Landlord applied for high-rent/high-income deregulation of tenant’s rent-stabilized apartment in 2008. The DRA dismissed landlord’s application because tenant’s legal regulated rent was less than $2,000 per month on the date that landlord sent tenant the 2008 Income Certification Form (ICF). Landlord appealed and won. Landlord was required to send tenant the ICF by March 1, 2008. Landlord sent an ICF to tenant in March 2008. But landlord sent tenant a second ICF on April 16, 2008. The second ICF was timely and effectively constituted a withdrawal and revocation of the original ICF. Since tenant’s monthly rent increased to over $2,000 on April 1, 2008, landlord properly applied for luxury deregulation. The case was sent back to the DHCR for a determination on the merits.

Bedford Apartments Co. LLC: DHCR Adm. Rev. Docket No. XJ410011RO (12/1/09) [3-pg. doc.]