Sec. 2110.5. Determination by Department of Taxation and Finance (DTF)

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 2110.2 of this Part, the commission 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 commission shall, where appropriate, issue an order providing that such housing accommodation shall not be subject to the provisions of the act and this Subchapter as of the first day of March in the year next succeeding the filing of the OPD with the commission. 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 landlord. Where the DTF determines that the income threshold has not been met, the commission shall issue an order denying the OPD. If the DTF cannot ascertain whether the threshold has been met, the commission may issue an order denying the OPD, or request additional information.