DHCR to Consider Increases to All Primary Residents

(Decision submitted by Joshua G. Losardo of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP, attorneys for the landlord.) Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled against landlord after verifying that tenant's income was below the deregulation threshold. Landlord appealed, claiming that the DRA didn't verify the incomes of all persons who primarily resided in the apartment. The DHCR ruled for landlord and sent the case back for verification of occupant's income. Tenant had submitted copies of a Florida driver's license and a Florida lease for one apartment occupant and claimed that occupant primarily resided in Florida. But these documents didn't prove where occupant primarily resided. Three of landlord's building employees had submitted sworn statements that they saw occupant in the building every day.

East 77th Realty LLC: DHCR Adm. Rev. Dckt. No. TH410038RO (3/1/06) [5-pg. doc.]