Tax Records Show Tenant Not Subject to High-Rent Deregulation

June 30, 2007

LVT Number: #19743

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2005. The DRA ruled against landlord after a review of records from the Department of Taxation and Finance (DTF) showed that tenant's household income was under $175,000 for each of the prior two years. Landlord appealed, claiming that there were questions about tenant's 2004 household income. The DHCR ruled against landlord. Tenant originally stated in response to landlord's application that her father had died in 2005 and hadn't filed a 2004 tax return.

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2005. The DRA ruled against landlord after a review of records from the Department of Taxation and Finance (DTF) showed that tenant's household income was under $175,000 for each of the prior two years. Landlord appealed, claiming that there were questions about tenant's 2004 household income. The DHCR ruled against landlord. Tenant originally stated in response to landlord's application that her father had died in 2005 and hadn't filed a 2004 tax return. The DTF also was unable to match any information for tenant's father. The DHCR wasn't authorized to make any further, independent findings about tenant's household income.

Graceton Estates, Inc.: DHCR Adm. Rev. Docket No. VB410058RO (5/9/07) [4-pg. doc.]

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