DHCR Delayed Processing Deregulation Application

October 31, 2011

LVT Number: #23692

Landlord applied for high-rent/high-income deregulation of rent-stabilized tenant's apartment. The DHCR ruled against landlord, finding that tenant's income was below the deregulation threshold. Landlord sought reconsideration because the DHCR didn't include second tenant's income in its consideration. The case was reopened in 2006. In 2011, landlord asked the court to compel the DHCR to rule immediately on the application. The court ruled against landlord. Tenants shouldn't be defaulted because of the DHCR's delay.

Landlord applied for high-rent/high-income deregulation of rent-stabilized tenant's apartment. The DHCR ruled against landlord, finding that tenant's income was below the deregulation threshold. Landlord sought reconsideration because the DHCR didn't include second tenant's income in its consideration. The case was reopened in 2006. In 2011, landlord asked the court to compel the DHCR to rule immediately on the application. The court ruled against landlord. Tenants shouldn't be defaulted because of the DHCR's delay. Tenants had 60 days from the date the DHCR requested additional information for confirmation of tax data to respond. The DHCR wasn't yet required to issue a decision.

E. 77th Realty LLC v. DHCR: Index No. 103776/11, NYLJ No. 1202519960341 (Sup. Ct. NY; 10/4/11; Lobis, J)

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