Apartment Subject to Deregulation Based on Incomes of Three Tenants

Landlord applied for high-rent/high-income deregulation of tenants’ apartment in 2011. The three tenants were a husband, wife, and their adult daughter. Tenants claimed that the parents had moved out and that the relevant total household income wasn’t more than $175,000 in either 2009 or 2010. The DRA ruled for landlord and deregulated the apartment based on the combined incomes of the three tenants. Tenants appealed and lost. The parents were tenants of record when the 2011 Income Certification Form (ICF) was sent. The fact that they also had a Long Island residence didn’t prove that they had moved out of the apartment. The parents’ 2010 New York State income tax return, filed in 2011, listed the apartment as their address. And both their 2009 and 2010 tax returns stated that they lived in New York City for 12 months of each of those years. 

McLean: DHCR Adm. Rev. Docket No. CT410026RT (10/16/15) [9-pg. doc.]