No Deregulation for Tenant Who Didn't Pay N.Y. Taxes

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2007. The DRA ruled against landlord based on available information indicating that tenant's household income was below $175,000 for 2005. Landlord appealed, claiming that further investigation was required because tenant's roommate didn't file a New York State tax return for 2006. The DHCR ruled against landlord. Landlord had applied for luxury deregulation previously in 2006. That year, the DHCR found that tenant's household income was below the deregulation threshold for 2005. Because it was already determined that tenant's income was below the threshold for one of the years that counted for the 2007 application, tenant couldn't be deregulated. And tenant's roommate explained that he didn't file New York State tax returns for 2005 or 2006 because he didn't work in New York State.

Birbach Family Group LLC: DHCR Adm. Rev. Docket No. VK410092RO (1/23/08) [4-pg. doc.]