Title 9 Part 2511

For the purposes of this section, annual income shall mean the Federal adjusted gross income as reported on the New York State income tax return.

For the purposes of this section, total annual income means the sum of the annual incomes of all persons whose names are recited as the tenant or co-tenant on a lease who occupy the housing accommodation and all other persons that occupy the housing accommodation as their primary residence on other than a temporary basis, excluding bona fide employees of such occupants residing therein in connection with such employment and excluding bona fide subtenants in occupancy pursuant to the provisions of section 226-b of the Real Property Law. Where a housing accommodation is sublet, the annual income of the tenant or co-tenant recited on the lease who will reoccupy the housing accommodation upon the expiration of the sublease shall be considered.

On or before the first day in May in each calendar year, commencing with May 1, 1994 through May 1, 2011, the owner of each housing accommodation for which the legal regulated rent is $2,000 or more per month or commencing with May 1, 2012, for which the legal regulated rent is $2,500 or more per month may provide the tenant or tenants residing therein with an income certification form (ICF) prepared by the division on which such tenant or tenants shall identify all persons referred to in section 2511.1(b) of this Part and shall certify whether the total annual income is in excess of $250,000 in each of the two preceding calendar years, where the first of such two preceding calendar years is 1992 through 1995 inclusive, $175,000 where the first of such two preceding calendar years is 1996 through 2009 inclusive and $200,000, where the first of such two preceding calendar years is 2010 or later. Such ICF shall not require disclosure of any income information other than whether the aforementioned threshold has been exceeded.

In the event that the total annual income as certified is in excess of $250,000, $175,000 or $200,000 in each such year, whichever applies, as provided in section 2511.2 of this Part, the owner may file an owner's petition for deregulation (OPD), accompanied by the ICF, with the division on or before June 30th of such year. The division shall issue within 30 days after the filing of such OPD, an order providing that such housing accommodation shall not be subject to the provisions of the act and this Subchapter upon the expiration of the existing lease. A copy of such order shall be mailed by regular and certified mail, return receipt requested, to the tenant or tenants and a copy thereof shall be mailed to the owner. Service shall be deemed to be complete upon mailing by the division.

If the DTF determines that the total annual income is in excess of $250,000, $175,000, or $200,000 in each of the two preceding calendar years, whichever applies as provided in section 2511.2 of this Part, the division shall, on or before November 15th of the year in which DTF makes such determination, notify the landlord and tenants of the results of such verification. Both the landlord and the tenants shall have 30 days within which to comment on such verification results. Within 45 days after the expiration of the comment period, the division shall, where appropriate, issue an order providing that such housing accommodation shall not be subject to the provisions of the act upon the expiration of the existing lease. A copy of such order shall be mailed by regular and certified mail, return receipt requested, to the tenant or tenants and a copy thereof shall be sent to the owner. Where the DTF determines that the income threshold has not been met, the division shall issue an order denying the OPD. If the DTF cannot ascertain whether the threshold has been met, the division may issue an order denying the OPD, or request additional information.

In the event the tenant or tenants fail to provide the information required pursuant to section 2511.4 of this Part, the division shall, on or before the next December 1st, issue an order providing that such housing accommodation shall not be subject to the provisions of the act and this Subchapter upon the expiration of the current lease. A copy of such order of decontrol shall be mailed by regular and certified mail, return receipt requested, to the tenant or tenants and a copy thereof shall be sent to the owner.

Where a deadline for submission is specified in this paragraph for submissions by owner or tenant to the division, such submission must be filed in person or by mail, or as otherwise provided in an operational bulletin issued pursuant to section 2507.11 of this Title, by such deadline. If the submission is filed by mail, it must be postmarked no later than such deadline. If the prepaid postage on the envelope in which the submission is mailed is by private postage meter, and the envelope does not have an official United States Postal Service postmark, then the submission will not be considered timely filed unless received by such deadline, or other adequate proof that the submission was mailed by the date specified, such as an official Postal Service receipt or certificate of mailing is submitted.

Where a lease rider regarding decontrol on the basis of high income, as provided for in section 2502.5(c)(7) of this Title is used, an order of decontrol shall take effect upon the date specified in such rider.

The expiration of the time periods prescribed in this Part for action by the division shall not divest the division of its authority to process petitions filed pursuant to this Part in accordance with the above procedures, and to issue final determinations pursuant to this Part.