Occupants Had No Income for Two Preceding Years

LVT Number: 10887

Landlord applied for high-rent/high-income deregulation of tenants' apartment. The DRA ruled against landlord because it was unable to verify tenants' total household income for the past two years. The NYS Department of Taxation and Finance (DTF) was unable to match a tax return for three of the four named occupants of tenants' apartment. Landlord appealed, claiming that it was denied due process of law and that the DHCR should have held a hearing. The DHCR ruled against landlord. When no match was found at DTF, the DRA asked tenants to explain.

Landlord applied for high-rent/high-income deregulation of tenants' apartment. The DRA ruled against landlord because it was unable to verify tenants' total household income for the past two years. The NYS Department of Taxation and Finance (DTF) was unable to match a tax return for three of the four named occupants of tenants' apartment. Landlord appealed, claiming that it was denied due process of law and that the DHCR should have held a hearing. The DHCR ruled against landlord. When no match was found at DTF, the DRA asked tenants to explain. Tenants stated that three of the four apartment occupants, all family members, had no income for the two years in question. Tenants' explanation was sufficient.

985 Fifth Ave. Co.: DHCR Admin. Rev. Dckt. No. JG410007RO (8/2/96) [2-page document]

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