Income of Occupants Considered in Deciding Landlord's High-Rent Deregulation Application

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled for landlord, and tenant appealed. The income of tenant's husband was included in determining that the household income for 1999 and 2000 was greater than $175,000. Tenant pointed out that she didn't get married and her husband didn't move into the apartment until late 2000. So she argued that his income shouldn't be considered for the two years in question. The DHCR ruled against tenant. Under the applicable law, the date for determining occupancy for purposes of luxury decontrol is the date that the Income Certification Form is sent to tenant. This form was sent to tenant in March 2001. Since tenant's husband was living in the apartment on that date, it didn't matter that he didn't live in the apartment in 1999 or for most of 2000.

Hopkins: DHCR Admin. Rev. Dckt. No. QI410054RT (11/12/02) [3-pg. doc.]