Tenant Submitted Improperly Completed Answer to Landlord's Deregulation Petition

Facts: Landlord applied for deregulation of rent-stabilized apartment because tenants' rent was $2,000 or more and landlord claimed that tenants' annual household income was $250,000 or higher. Tenants answered landlord's application on time. However, tenants provided no information about the address they used when filing their 1992 income tax return and whether there was a difference between their mailing address for 1992 and the address used on their tax return for that year. Tenants also inconsistently listed their daughter as either an occupant or tenant in different parts of the answer and provided incomplete tax return data for their daughter and son. The DRA sent tenants a notice requesting additional information, but tenants didn't respond. The DRA ruled for landlord and deregulated the apartment. Tenants appealed, claiming that their income was well below $250,000 and that they had responded to the request for the request for additional information. Tenants also argued that the DHCR could have and should have obtained income information from the New York Department of Taxation. DHCR: Tenants lose. Tenants' failure to properly complete the DHCR's form for verification of household income was either grossly careless or an intentional attempt to interfere with the processing of landlord's application. There was also no proof that tenants ever responded to the request for additional information. Tenants neither claimed nor showed any reason to find an excusable default. And tenants provided insufficient information for the DHCR to verify their income through Department of Taxation documents.

Elvey: DHCR Adm. Rev. Dckt. No. JC410094RT (5/29/96) [8-page document]