DTF Records Show Income Below Deregulation Threshold

LVT Number: #19874

Landlord applied for high-rent/high-income deregulation of tenant's apartment. Tenant responded that the household income for herself, her husband, and her son was less than $175,000 per year for at least oneof the two years in question. Department of Taxation and Finance (DTF) records confirmed tenant's claim, and the DRA ruled against landlord. Landlord appealed, arguing that it wasn't believable that tenant's household income was below the deregulation threshold. Tenant and her husband were both doctors and owned a home in Connecticut.

Landlord applied for high-rent/high-income deregulation of tenant's apartment. Tenant responded that the household income for herself, her husband, and her son was less than $175,000 per year for at least oneof the two years in question. Department of Taxation and Finance (DTF) records confirmed tenant's claim, and the DRA ruled against landlord. Landlord appealed, arguing that it wasn't believable that tenant's household income was below the deregulation threshold. Tenant and her husband were both doctors and owned a home in Connecticut. Landlord said that the DHCR should have investigated further. The DHCR ruled against landlord. Since DTF records showed that tenant's household income was below the deregulation threshold for 2005, the DRA properly ruled that tenant's apartment wasn't subject to deregulation. It didn't matter whether tenant had additional wealth or assets, and tenant didn't have to prove that the household income was below the threshold amount.

Forty Central Park South Inc.: DHCR Adm. Rev. Docket No. VD410003RO (7/7/07) [4-pg. doc.]

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