Tenant's Full Name Not Submitted to DTF

LVT Number: 11619

(Decision submitted by Joel A. Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for landlord.) Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled against landlord and dismissed the application because DTF couldn't match a tax return for all named occupants of the apartment for each of the two preceding calendar years. Landlord appealed, claiming that the DRA didn't properly process the application to determine why no match of household income was made.

(Decision submitted by Joel A. Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for landlord.) Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled against landlord and dismissed the application because DTF couldn't match a tax return for all named occupants of the apartment for each of the two preceding calendar years. Landlord appealed, claiming that the DRA didn't properly process the application to determine why no match of household income was made. Landlord also argued that the DHCR should have held a hearing before issuing an order to give landlord a full chance to determine why no match occurred. The DHCR ruled for landlord and sent the case back for further investigation. Although landlord named tenant as "Sarah Yorke Rentschler,'' tenant listed her name on the ICF and OPD forms as "Rentschler, Sarah Y.'' This name, rather than tenant's full name, was forwarded to DTF for income verification.

London Terrace Gardens: DHCR Adm. Rev. Dckt. No. JI410069RO (2/13/97) [2-page document]

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