Sec. 2531.5. 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 2531.2 of this Part, the DHCR shall, on or before November 15th of the year in which DTF makes such determination, notify the owner and tenants of the results of such verification. Both the owner 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 DHCR shall, where appropriate, issue an order providing that such housing accommodation shall not be subject to the provisions of the RSL 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 DHCR shall issue an order denying the OPD. If the DTF cannot ascertain whether the threshold has been met, the DHCR may issue an order denying the OPD, or request additional information.