Sec. 2110.4. Procedure where tenant fails to return ICF or landlord disputes certification

(a) In the event that the tenant or tenants either fail to return the completed ICF to the landlord on or before the date required by section 2110.2(d) of this Part, or the landlord disputes the certification returned by the tenant or tenants, the landlord may, on or before June 30 of such year, file an owner's petition for deregulation (OPD) which petitions the commission to verify, pursuant to section 171-b of the Tax Law, whether the total annual income exceeds $250,000, $175,000 or $200,000 in each of the two preceding calendar years, whichever applies, as provided in section 2110.2 of this Part.

(b) Within 20 days after the filing of such request with the commission, the commission shall notify the tenant or tenants that such tenant or tenants must provide the commission with such information as the commission and the DTF shall require to verify whether the total annual income exceeds $250,000, $175,000 or $200,000, whichever applies, in each such year.

(1) The tenant or tenants are required to submit a photocopy of either the preprinted mailing labels used on the New York State income tax returns for the applicable years or the first page of the New York State income tax returns for the applicable years for each tenant or occupant whose income is to be included in the total annual income pursuant to section 2110.1(b) of this Part, or in the event neither is available, a written explanation indicating why such income tax returns were not filed for the applicable years.

(2) The tenant or tenants shall delete all social security numbers and income figures from all preprinted mailing labels or tax returns submitted. For any tenant or occupant who the tenant reports did not file a New York State income tax return for any applicable year, the tenant or occupant's name and address must be supplied on an appropriate form prescribed by the commission as it would have appeared had that tenant or occupant filed such return.

(3) The tenant or tenants shall provide the information to the commission within 60 days of service of the notice upon such tenant or tenants, which notice shall include a warning in bold faced type setting forth the requirement that failure to respond by not providing any information requested by the commission will result in an order being issued by the commission providing that such housing accommodation shall not be subject to the provisions of the act and this Subchapter. Section 2109.1 of this Title to the contrary notwithstanding, the tenant or tenants shall be required to retain proof of the delivery of such information to the commission, which proof shall consist of either, where delivery is made personally, a copy of the response with a timely commission stamp acknowledging receipt, or where delivery is made by certified mail, a United States Postal Service receipt stamped by the United States Postal Service, or where delivery is made by regular first class mail, a United States Postal Service certificate of mailing stamped by the United States Postal Service; or as otherwise provided in an operational bulletin issued pursuant to section 2109.8 of this Title. Service shall be deemed to be complete upon mailing in accordance with section 2110.7 of this Part.