Tenant Didn't Submit Income Verification on Time

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DHCR ruled for landlord based on tenant's failure to submit income verification within the 60-day time limit for responding to the DHCR's notice of landlord's application. Tenant challenged the DHCR's ruling in court. In her court challenge, tenant claimed for the first time that landlord hadn't properly sent tenant the income certification form that must be sent to tenants before applying to the DHCR for deregulation. The court and appeals court ruled against tenant. Tenant can't raise this issue for the first time after the DHCR decided her case. Tenant wasn't prevented from raising this issue before the DHCR. And the DHCR reasonably determined that tenant didn't show good cause sufficient to forgive her failure to provide the requested income verification for seven months.

Frangos v. DHCR: NYLJ, 9/30/04, p. 26, col. 1 (App. Div. 1 Dept.; Tom, JP, Andrias, Saxe, Sullivan, JJ)