Tenant Didn't Provide Tax Information in Deregulation Proceeding

(Decision submitted by Joshua G. Losardo, of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2004. Tenant answered DHCR's notice of the application, but her answer was incomplete. Tenant said the annual household income was less than $175,000. She claimed that her husband had moved out of the apartment in December 2002. Tenant also said that she filed no tax returns for 2002 and 2003 but had filed extension forms. Both of these forms listed tenant and her husband on the extension request. The DHCR requested additional information from tenant a number of times. Tenant claimed that she had paid all taxes but submitted no proof of filing tax returns. The DRA ruled for landlord based on tenant's default. Tenant appealed and lost. The DHCR found that tenant hadn't provided accurate income verification information and didn't submit required documentation to the DRA. Tenant appealed and lost. The DHCR had repeatedly asked tenant to submit tax records so that the DHCR and DTF could compare the household income amounts tenant claimed with DTF records. Tenant repeatedly failed to comply with the DHCR's requests for information.

Strauchen v. DHCR: Index No. 116919/06 (4/26/07) (Sup. Ct. NY; Mills, J) [8-pg. doc.]