Husband's Income Excluded from Deregulation Calculation

December 1, 2004

LVT Number: 17772

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DHCR ruled against landlord, finding that tenant's household income for the two years in question was below the deregulation threshold. Landlord appealed, claiming that the DHCR should have considered the income of tenant's husband when deciding landlord's deregulation application. The court ruled against landlord. Tenant's husband had moved out of the apartment permanently before landlord sent tenant the income certification form.

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DHCR ruled against landlord, finding that tenant's household income for the two years in question was below the deregulation threshold. Landlord appealed, claiming that the DHCR should have considered the income of tenant's husband when deciding landlord's deregulation application. The court ruled against landlord. Tenant's husband had moved out of the apartment permanently before landlord sent tenant the income certification form. So the DHCR properly excluded husband's income when considering landlord's application.

103 E. 86th St. Realty Corp. v. DHCR: NYLJ, 11/26/04, p. 24, col. 4 (App. Div. 1 Dept.; Tom, JP, Ellerin, Williams, Lerner, Catterson, JJ)

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