Tenant's Failure to Verify Income Before Rent Administrator Excused

Landlord applied in 2011 for high-rent/high-income deregulation of tenant’s rent-stabilized apartment. The DRA ruled for landlord based on tenant’s failure to answer the DHCR’s notice of the application or to provide required income verification information, despite several requests. Tenant appealed and claimed that she was unable to file tax returns for the years in question due to her employer’s protracted closing and that, once these issues were resolved, she had now filed 2009 and 2010 NY State income tax returns. The DHCR ruled against tenant, who then filed an Article 78 court appeal. The court sent the case back to the DHCR for further consideration. The DHCR then remanded the case to the DRA to further consider the merits of whether the apartment qualified for high-income rent deregulation.

Barry: DHCR Adm. Rev. Docket No. FM410004RP (2/13/17) [4-pg. doc.]