DTF Records Show Tenant's Income Below Deregulation Threshold

January 1, 2010

LVT Number: #22408

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2008. Tenant said that her 2006 and 2007 household income was less than $175,000 per year. DTF records confirmed this, and the DRA ruled against landlord. Landlord appealed and lost. Landlord claimed that the DRA should have investigated further because tenant's income must be higher based on the amount of her monthly rent. But the DHCR had no authority under the Rent Stabilization Law to investigate beyond asking DTF to verify the income level claimed on tenant's tax returns.

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2008. Tenant said that her 2006 and 2007 household income was less than $175,000 per year. DTF records confirmed this, and the DRA ruled against landlord. Landlord appealed and lost. Landlord claimed that the DRA should have investigated further because tenant's income must be higher based on the amount of her monthly rent. But the DHCR had no authority under the Rent Stabilization Law to investigate beyond asking DTF to verify the income level claimed on tenant's tax returns. The DHCR also had no expertise in tax issues. In addition, landlord's claim that tenant's income must be higher was purely speculative.

Extell Belnord LLC: DHCR Adm. Rev. Docket No. XI410040RO (11/13/09) [4-pg. doc.]

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