ICF Forms Altered When Downloaded for Preparation

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2011. The DRA dismissed landlord's application because the Income Certification Form (ICF) that landlord sent to tenant before filing the application had been altered and wasn't approved by the DHCR. Landlord appealed and won. Landlord had downloaded the ICF form from the DHCR's Web site. The form, as downloaded, contained a few minor typographical errors, a slightly different font size, and the notice that "an owner receiving J-51 or 421-a tax benefits is ineligible to file for High Income Rent Deregulation until after such benefits expire" wasn't in bold letters. These weren't material differences and didn't hurt tenant. Landlord's application wasn't defective. The case was reopened for review on the merits.

12 East 86th Street LLC: DHCR Adm. Rev. Docket No. ZA410048RO (9/14/11) [4-pg. doc.]