Tenant Deregulated Based on High Income/High Rent

(Decision submitted by Jeffrey Turkel of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord applied in 1995 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord because tenant didn't answer landlord's application. Tenant appealed, claiming that his income was below the annual $250,000 for the relevant years. Tenant also claimed that he submitted his answer to landlord's application by regular mail. Tenant also claimed that he'd received only one of the forms, either the Income Certification Form or the DHCR notice of the deregulation petition---but he couldn't remember which one and hadn't saved the form. The DHCR ruled against tenant. The DHCR's records contained proof that landlord sent both the Income Certification Form and the deregulation application to tenant. Tenant submitted no proof of having answered the petition. Tenant's claim that he traveled extensively for business was also no excuse for his default.

Russo: DHCR Adm. Rev. Dckt. No. KE410087RT (1/29/97) [3-page document]