DHCR Must Reconsider Whether Tenant's Daughter Lived in Apartment

Landlord applied in 2011 for high-rent/high-income deregulation of tenant’s rent-stabilized apartment. Landlord claimed that both tenant and her adult daughter lived in the apartment. Tenant claimed that her daughter didn’t live in the apartment during the relevant period. The DRA found tax information matches for both tenant and her daughter and ruled for landlord, based on the apartment’s total household income. Tenant appealed and lost before the DHCR, then filed an Article 78 appeal claiming that the DHCR’s decision was arbitrary and unreasonable.

The court sent the case back to the DHCR for reconsideration. Tenant claimed that her daughter had moved to another residence in 2010 and therefore didn’t occupy the apartment as her primary residence at the time landlord sent the Income Certification Form in 2011. The daughter’s 2009 income tax return also identified her as a “nonresident and part-time resident” while she lived in Florida. On the other hand, landlord submitted three sworn statements from employees saying that the daughter was regularly seen leaving the building in the mornings and entering the building at night. The DHCR found that more fact-finding was needed and sent the case back to the Rent Administrator.

Maurice: DHCR Adm. Rev. Docket No. EP410008RP (5/18/16) [6-pg. doc.]