Income of Tenant Who Didn't Occupy Apartment Can't Be Considered

Landlord applied in 2010 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord based on income verification information obtained from the Department of Taxation and Finance (DTF). Tenant appealed and won. Although she was the tenant of record of the apartment, tenant no longer occupied the apartment. Instead, with landlord's knowledge, tenant occupied another apartment in the building with a daughter. Tenant's other, disabled daughter lived alone in the subject apartment. This daughter had a severe disability and received home care in the apartment. Tenant showed that landlord knew about this arrangement. Since tenant had not occupied the subject apartment during 2008 and 2009, her income couldn't be included in the annual household income for the purpose of determining luxury decontrol. And, while not an issue in this case, tenant's daughter had lived in the subject apartment most of her life and for more than two years before tenant vacated. She therefore qualified for succession rights.

Tompkins: DHCR Adm. Rev. Docket No. BX410052RT (9/17/14) [8-pg. doc.]