Combined Family Residence Deregulated Based on High Income

Landlord applied in 2010 for high-rent/high-income deregulation of tenants' rent-stabilized apartment. DTF records showed that the combined household income of tenants, who were husband and wife, along with that of their son, was greater than $175,000 in each of the two preceding calendar years. The DRA therefore ruled for landlord. Tenants appealed and lost. They claimed that their son resided primarily in the adjoining apartment and that therefore his income shouldn't have been included in the calculation of the household income for their apartment. But the two apartments had been combined and were connected by an internal doorway opening. Also, tenants' son was 10 years old and presumably would require supervision, not independent living in a separate apartment. The apartment was deregulated.

Fox: DHCR Adm. Rev. Docket No. AV410006RT (1/17/14) [6-pg. doc.]