Tenant Mistakenly Stated His Income Was Above Threshold

LVT Number: 19150

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord because tenant admitted on the Income Certification Form (ICF) that his net household income for each of the prior two years was more than $175,000. Tenant appealed and won. Tenant said that he was 87 years old and suffered from depression and dementia. He said that due to his confusion, he incorrectly checked off the box on the ICF indicating that his income was above the deregulation threshold. The DHCR excused tenant's mistake and sent the case back to determine the facts.

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord because tenant admitted on the Income Certification Form (ICF) that his net household income for each of the prior two years was more than $175,000. Tenant appealed and won. Tenant said that he was 87 years old and suffered from depression and dementia. He said that due to his confusion, he incorrectly checked off the box on the ICF indicating that his income was above the deregulation threshold. The DHCR excused tenant's mistake and sent the case back to determine the facts.

Roth: DHCR Adm. Rev. Docket No. TK420066RT 7/21/06 [3-pg. doc.]

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