Repeal of Deregulation Provisions Was Grounds for Denial of Landlord's PAR

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2010. The DRA ruled against landlord, finding that the annual household income for tenant and her adult daughter didn't exceed the annual income deregulation threshold in 2008 or 2009. Landlord appealed and lost. Landlord argued that the daughter's tax returns weren't included in the Department of Taxation and Finance's verification of household income. The DHCR pointed out that effective June 14, 2019, relevant provisions of the Rent Stabilization Law concerning high-rent/high-income deregulation had been repealed by the Housing Stability and Tenant Protection Act of 2019. For this reason, the DRA's decision should be affirmed. In addition, the DTF did consider the income tax return of tenant's daughter, and DTF's finding was the basis for the DRA's ruling.

Continental East, LLC: DHCR Adm. Rev. Docket No. GN410038RO (7/31/19) [3-pg. doc.]