Posted by Mark Smith on December 22, 1999 at 08:46:53:
In Reply to: Court of Appeals Gives High-Rent Tenants A Break posted by Mark Smith on December 22, 1999 at 08:35:40:
The New York Law Journal is reporting that the Court of Appeals has held, in several cases, that DHCR cannot strictly enforce the 60-day period for tenants to submit income information to DHCR when a landlord challenges the tenant's income.
DHCR deregulates apartments where the tenant's income exceeds the maximum income provided in the law, or where the tenant fails to submit income information within the 60-day time period.
These cases apply to apartments where the rent is more than $2,000 and where the landlord contends that the tenant's income for the last two years is in excess of $175,000. The income limit was $250,000 prior to the 1997 amendments to the rent laws. In many instances, the tenant's income was well below these limits, but the landlord hoped that the tenant would not submit the income information to DHCR within the 60-day period. Several Supreme Court cases, which were affirmed by various Appellate Divisions, had held that the 60-day time period was to be strictly enforced.
The Law Journal article contains a link to the NYLJ's Court of Appeals decisions:
or click on the link below
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