Income of All Occupants Must Be Included

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord, and tenant appealed. Tenant objected to including the income of his domestic partner in the calculation of household income. Tenant claimed that since they didn't have the benefits of marriage, they shouldn't be penalized by the deregulation laws. The DHCR ruled against tenant. The law says that the income of all occupants who primarily reside in the apartment must be included in the income calculation. Tenant didn't deny that his domestic partner primarily resided in the apartment. So his income was properly included in the calculations.

Landau: DHCR Adm. Rev. Dckt. No. NL410055RT (7/31/01) [2-pg. doc.]