Tenants' Lawyer Didn't Verify Income

Facts: Landlord applied for high-rent/high-income deregulation of tenants' apartment. The DHCR ruled for landlord based on tenants' failure to submit income verification information. Tenants appealed, claiming that their income was below the threshold for deregulation, and that their lawyer should have answered the notice of landlord's application while they were away in Italy. Landlord questioned whether tenants' income was really below the income threshold. Court: Tenants lose. Tenants were required by law to submit income verification data within 60 days of notice of landlord's application. The failure of tenants' lawyer to comply with the rules didn't excuse tenants from this requirement. Notably, tenants admitted they received the notice.

Helman v. DHCR: NYLJ, p. 27, col. 5 (3/24/99) (Sup. Ct. NY; Zweibel, J)