Landlord's Deregulation Application Improperly Filed

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA dismissed landlord's application because it was incomplete, and a complete application wasn't filed by July 2, 2007. Landlord appealed, claiming that it filed its application by June 30, 2007, and thereby complied with the filing requirements. Landlord argued that the Rent Stabilization Law and Code don't actually bar the late filing of a luxury deregulation application. The law and Code also don't preclude subsequent delivery to the DHCR of the Income Certification Form or other supplementation of the application after it's filed. The DHCR ruled against landlord. Rent Stabilization Code Section 2531.4(a) requires landlord to file an application for high- rent/high-income deregulation by June 30 of the year in which the filing is made. Landlord is required to submit with its application a copy of the Income Certification Form (ICF) sent to tenant earlier in the year. Landlord filed its application on June 20, 2007, but it was defective when filed because it didn't contain a copy of the ICF. Landlord didn't refile the application with the ICF until July 25, 2007. Therefore, landlord didn't file a complete proper application before the specified deadline, and the DRA properly denied the application. Also, landlord filed its initial application just one day before the June 30 deadline. The DHCR was under no obligation to give landlord a chance to amend or correct the defective application.

Estate of William Gottlieb: DHCR Adm. Rev. Docket No. VJ410116RO (2/5/08) [3-pg. doc.]