Tenant's Income Was Below Deregulation Threshold

Landlord applied in 2011 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled against landlord, after finding that tenant's household income was below the income threshold for deregulation during both 2009 and 2010. Landlord appealed and lost. Landlord claimed that, given the amount of tenant's monthly rent, tenant couldn't possibly make his monthly rent payments if his income was less than $175,000 per year. Landlord claimed there must be some fraud or irregularity. But landlord's claim was speculative, and the DHCR had obtained information from DTF verifying tenant's household income for the years in question. Other wealth or assets that tenant may have didn't matter. And, in a prior case, the DRA denied landlord's 2010 "LD" application for tenant's apartment. That ruling was based on findings concerning tenant's 2008 and 2009 household income. Since landlord didn't appeal that decision, it couldn't now challenge the information concerning tenant's 2009 income.

30 West 63rd Street: DHCR Adm. Rev. Docket No. BM410013RO (2/28/14) [3-pg. doc.]