No Deregulation Where Income Below Threshold at Least One Year

Landlord applied in 2011 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled against landlord based on DTF finding that tenant's household income wasn't greater than $175,000 in 2009. Landlord appealed and lost. Landlord claimed that there were other apartment occupants and questioned whether tenant's 2009 household income was below $175,000. Landlord also pointed out that it had a pending appeal of the DRA's denial of its 2010 luxury deregulation application on the same grounds. But the DHCR had by now denied landlord's PAR of the 2010 decision and the DRA properly relied on tax-matching information from the DTF in its 2011 ruling.

Charles 15 Associates: DHCR Adm. Rev. Docket No. BP410006RO (6/3/14) [3-pg. doc.]