Tenant's Income Below Deregulation Threshold

In 2004, landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled against landlord because DTF records showed that tenant's adjusted gross household income wasn't more than $175,000 in either 2002 or 2003. Landlord appealed, claiming that it had a pending appeal of the DHCR's denial of its 2003 high-rent deregulation application for tenant's apartment, and was appealing the DRA's new order to preserve its rights. Landlord argued that the appeal of the other case should be decided before the DHCR ruled on its new PAR. The DHCR ruled against landlord and dismissed the case. Landlord didn't challenge tenant's 2002 income information in either the 2003 or 2004 deregulation proceeding. Because there was an unchallenged finding in the 2003 case that tenant's 2002 household income was below the deregulation threshold, there could be no deregulation in the 2004 proceeding.

Fernbach LLC: DHCR Adm. Rev. Docket No. VL410006RO (2/27/08) [3-pg. doc.]