DHCR Won't Consider Income of Occupant Who Vacated

Landlord applied in 1997 for high-rent/high-income deregulation of tenant's apartment. The DRA ruled against landlord, and landlord appealed. Landlord claimed that tenant's adult daughter lived with tenant during 1995 and 1996 and that the daughter's income should be considered part of tenant's household income in deciding the case. Tenant claimed that his daughter moved out in 1992. The DHCR ruled against landlord. The DHCR wasn't required to consider the income of tenant's daughter who vacated the apartment. Tenant stated that there were no other occupants and that tenant wasn't required to provide any further information. If landlord believed that tenant's daughter lived in the apartment, landlord was required to show some proof of this. Landlord presented no proof of its claim to the DHCR.

19 E. 80th St. Assocs.: DHCR Adm. Rev. Dckt. No. MC410079RO (11/5/98) [4-pg. doc.]