Apartment Deregulated Based on High Income and High Rent

Landlord applied for destabilization of tenant's apartment based on tenant's high income and high rent. The DRA ruled for landlord, finding that tenant's total annual income was greater than $250,000 and that the monthly apartment rent was greater than $2,000. Tenant never responded to landlord's application. Tenant later appealed. He claimed he never received notice of landlord's application. He also claimed that his income in 1992 and 1993 was below $250,000. Tenant said he filed his PAR late because he had just returned from a trip to Europe. The DHCR ruled against tenant. Tenant was back in the country five days before the PAR filing deadline. The DHCR didn't rule on whether tenant's absence from the country was an excuse for filing the PAR four days after the 35-day deadline.

Eisner: DHCR Adm. Rev. Dckt. No. JC 410040 RT (4/13/95) [2-page document]