Landlord Didn't Attach ICF to Deregulation Application

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2011. The DRA dismissed the application because landlord failed to attach a copy of the Income Certification Form (ICF) to the filed application. This was required by Rent Stabilization Code Section 2531.3. Landlord appealed and lost. Landlord argued that it generally did attach the ICF, but that failure to do so didn't violate the Rent Stabilization Code. But landlord was incorrect. The Rent Stabilization Law and Code required landlord to deliver a copy of the ICF to tenant by May 1, and then file its deregulation application by June 30. Landlord was required to attach the ICF to show that it properly complied with this prerequisite. DHCR instructions also specified that the ICF should be attached to the application form. Landlord also claimed that the DHCR should have notified him of the missing ICF. But the DHCR will reject a defective petition without prejudice and advise landlord that it may refile only if the defective application is filed by June 15. Landlord didn't file its application until June 27, so there was no time to correct the defect.

200 West 58th Street LLC: DHCR Adm. Rev. Docket No. ZI410042RO (6/3/12) [4-pg. doc.]