Tenant Claims Admission of High Income Was in Error

Landlord applied in 2012 for high-rent/high-income deregulation of tenant’s rent-stabilized apartment. Tenant answered the application by checking off the box indicating that his annual household income was at least $200,000 in 2010 and 2011. The DRA ruled for landlord based on tenant’s admission. Tenant appealed, and the case was reopened. Tenant said he made a mistake on the form and that Department of Taxation and Finance (DTF) records would confirm that his income was under $200,000 in 2010. And tenant also had stated in response to landlord’s 2012 Income Certification Form (ICF) that his 2010 rent was under $200,000. Tenant also never got notice that checking off the box as he did on the answer form would result in apartment deregulation. The case was sent back to the DRA for verification of tenant’s income.

Gleckel: DHCR Adm. Rev Docket No. CV410044RT (5/28/15) [3-pg. doc.]