Landlord Didn't Have to File ICF with Deregulation Application

Landlord applied in 2011 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA rejected landlord's application because landlord failed to attach a copy of the Income Certification Form (ICF) to its application. Landlord appealed, and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, and the case was sent back to the DHCR for reconsideration. The DHCR then reopened the case for a ruling on the merits. In this case, tenant never returned the ICF to landlord after landlord properly sent it to tenant earlier in 2011. Rent Stabilization Code Section 2531.4 doesn't require landlord to file a copy of the ICF with its deregulation application under these circumstances.

20 Beekman Place LLC: DHCR Adm. Rev. Docket No. BM410008RP (3/12/13) [4-pg. doc.]