Income of Tenants' Children Not Included in Deregulation Evaluation

January 25, 2016

LVT Number: #26742

Landlord applied for high-rent/high-income apartment deregulation in 2008. Landlord claimed that tenants’ adult daughters lived in the apartment with tenants. The DRA ruled against landlord, finding that the relevant household income didn’t exceed $175,000 in either 2006 or 2007. The DRA also found that the daughters had moved out of the apartment before the date that landlord sent tenants the income certification form (ICF) in 2008. Landlord appealed and lost. Tenants submitted documents showing that one daughter lived in Brooklyn and the other in California.

Landlord applied for high-rent/high-income apartment deregulation in 2008. Landlord claimed that tenants’ adult daughters lived in the apartment with tenants. The DRA ruled against landlord, finding that the relevant household income didn’t exceed $175,000 in either 2006 or 2007. The DRA also found that the daughters had moved out of the apartment before the date that landlord sent tenants the income certification form (ICF) in 2008. Landlord appealed and lost. Tenants submitted documents showing that one daughter lived in Brooklyn and the other in California. And landlord submitted no proof showing that the daughters lived in the building. 

 

 

 

Giffuni Brothers: DHCR Adm. Rev. Docket No. DP410013RO (11/17/15) [8-pg. doc.]

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