Appeal of Prior Year's Ruling Doesn't Affect New Case

LVT Number: #20641

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2006. The DRA ruled against landlord because DTF records showed that in 2004 tenant's income was below the deregulation threshold. Landlord appealed, pointing out that it had filed court appeals of four prior DHCR rulings denying luxury deregulation of tenant's apartment. The DHCR had taken those cases back for reconsideration. In those cases, landlord claimed fraud by tenant. The DHCR ruled against landlord. The tax years that were at issue in those cases predated 2004 and weren't relevant to this case.

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2006. The DRA ruled against landlord because DTF records showed that in 2004 tenant's income was below the deregulation threshold. Landlord appealed, pointing out that it had filed court appeals of four prior DHCR rulings denying luxury deregulation of tenant's apartment. The DHCR had taken those cases back for reconsideration. In those cases, landlord claimed fraud by tenant. The DHCR ruled against landlord. The tax years that were at issue in those cases predated 2004 and weren't relevant to this case.

Ram I LLC: DHCR Adm. Rev. Docket No. WA420009RO (6/19/08) [3-pg. doc.]

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