Income of Co-Tenant Who Moved Out Not Counted

Landlord filed a 1995 high-rent/high-income deregulation petition for a rent-stabilized apartment. The petition named two married co-tenants. Tenant wife claimed she lived alone in the apartment and that her income was less than $250,000. Tenant husband admitted that his income was over $250,000 but claimed he'd moved out in 1986. Both tenants said they were in the process of divorcing. The DRA ruled for landlord, finding that the total household income for 1993 and 1994 was greater than $250,000 for each of those two years. Tenant wife appealed, claiming that in their divorce action, husband was ordered not to interfere with her continuing possession of the apartment. So, to protect his wife's tenancy, husband continued to cosign renewal leases even though he didn't live there. The DHCR ruled for tenant. Under the rent-stabilization law, tenant must ``occupy'' the apartment to have his income counted toward household total. There was overwhelming proof that husband didn't live in the apartment. The case was sent back for verification of wife's income with the Department of Taxation and Finance.

Peters: DHCR Adm. Rev. Dckt. No. JL410058RT (1/9/97) [4-page document]