Second DTF Report Verifies Tenant Income Below Deregulation Threshold

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2010. The DRA ruled against landlord, who appealed and lost. DTF initially reported that tenant's total household income was above $175,000 annually for 2008 and 2009. In response to the DRA's notice of this finding, tenant claimed that it was in error and requested confirmation from DTF. DTF then reported a tax match showing that tenant's total household income was below $175,000 for both 2008 and 2009. Landlord argued that the DRA should have relied on the first DTF report and that tenant must have amended his tax returns for the purpose of defeating the deregulation application. But there was no proof that tenant amended his returns and tenant was entitled to seek confirmation from DTF if he claimed that the initial report was in error. 

G&L Realty Delaware, LLC: DHCR Adm. Rev. Docket No. BN410007RO (6/3/14) [4-pg. doc.]