Rent-Stabilized Apartment Was Lawfully Deregulated Before June 14, 2019

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2016. The DRA ruled for landlord because the NY State Dept. of Taxation and Finance (DTF) verified that tenant's annual household income for 2014 and 2015 was over $200,000. Tenants appealed and lost. Tenant claimed that co-tenant had moved out in November 2014 and that therefore his annual income shouldn't have been included for 2014 and 2015 review. Based on sole tenant's income, there would be no deregulation. But co-tenant's 2014 and 2015 NY State income tax returns, found by DTF, both listed the apartment as his mailing address. And the DHCR may not review the propriety of a finding or determination of a separate governmental agency such as DTF. In addition, since the DRA determined that the apartment was deregulated prior to June 14, 2019, and the DHCR has affirmed this determination, the apartment was lawfully deregulated under the Housing Stability and Tenant Protection Act of 2019 (HSTPA).

Hoy/Lozano: DHCR Adm. Rev. Docket No. GS410014RT (8/5/19) [3-pg. doc.]