Landlord's High-Rent/High-Income Petition Defective

Landlord applied in 2008 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA dismissed landlord's application because it was incomplete and no complete application was filed by June 30, 2008. Landlord appealed, claiming that it filed a complete, timely application. The DHCR ruled against landlord. Rent Stabilization Code Section 2531.4(a) requires landlord to file a high-rent/high-income deregulation application on or before June 30 of the year it is filed. Landlord must submit with its application a copy of the Income Certification Form (ICF) sent to tenant earlier in the year. Landlord filed its application on June 30, 2008, but it was defective because it didn't contain a complete copy of the ICF sent to tenant. In addition, since landlord filed its application on the last possible date, the DHCR wasn't required to let landlord correct its defective application.

150 West 82nd Street: DHCR Adm. Rev. Docket No. WL410044RO (4/16/09) [2-pg. doc.]