Income of Husband Excluded in Deregulation Denial

Landlord applied in 2012 for high-rent/high-income deregulation of tenant’s rent-stabilized apartment. Landlord claimed that tenant and tenant’s husband resided in the apartment. Tenant claimed that her husband didn’t live in the apartment and submitted sworn statements from herself and husband, along with copies of her husband’s New Jersey resident income tax returns for 2010 and 2011. The DRA ruled against landlord and dismissed the case after New York’s DTF found no match for the husband’s tax records and tenant’s income was below the deregulation threshold. Landlord appealed and lost. Landlord argued that the husband primarily resided in tenant’s apartment. Landlord submitted sworn statements from building employees and a video log based on the building’s security camera indicating that the husband lived in the building. But landlord’s documentation was too vague and didn’t sufficiently show that the husband primarily resided in the apartment. 

Montgomery Trading LLC: DHCR Adm. Rev. Docket No. EM410017RO (5/20/16) [7-pg. doc.]