Tenant Didn't Submit Tax Return Information

LVT Number: #22517

Landlord sought high-rent/high-income deregulation of rent-stabilized tenant’s apartment in 2008. The DRA ruled for landlord based on tenant’s failure to answer its request for additional information. Tenant appealed and lost. Tenant filed an initial answer stating that he’d filed his 2006 and 2007 New York State tax returns and that his total household income for each year was not more than $175,000. But the DRA notified tenant three times that his answer was incomplete and asked for copies of either preprinted mailing labels or the first page of his tax returns.

Landlord sought high-rent/high-income deregulation of rent-stabilized tenant’s apartment in 2008. The DRA ruled for landlord based on tenant’s failure to answer its request for additional information. Tenant appealed and lost. Tenant filed an initial answer stating that he’d filed his 2006 and 2007 New York State tax returns and that his total household income for each year was not more than $175,000. But the DRA notified tenant three times that his answer was incomplete and asked for copies of either preprinted mailing labels or the first page of his tax returns. This information was required under Rent Stabilization Code Section 2531.4(b), and tenant’s failure to submit it prevented the DHCR from verifying tenant’s tax filing with the New York State Department of Taxation and Finance. Tenant offered no explanation with his PAR and still didn’t submit the missing documents.

Krypell: DHCR Adm. Rev. Docket No. XH410047RT (1/5/10) [5-pg. doc.]

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