Income of Tenant's Husband Not Counted

Facts: Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled against landlord because the Department of Taxation and Finance (DTF) couldn't match all of the named occupants of the apartment to New York State income tax returns for the years in question. So tenant's household income couldn't be certified. Landlord appealed, claiming that the DRA should've investigated why the DTF couldn't match all the occupants to tax returns and whether the household income met the income threshold for deregulation. Landlord also claimed that tenant's husband's income should've been included in the calculation. DHCR: The DHCR ruled against landlord. The Rent Stabilization law provides no method for determining whether or not household income meets the high-income level for deregulation. So landlord can't claim that DHCR or DTF should've made further investigation. In addition, landlord had sued to evict tenant for nonprimary residence and had claimed that tenant's husband lived out of state. So the husband wasn't primary resident for purposes of determining the household income of the apartment.

615 Co.: DHCR Adm. Rev. Dckt. No. JI410089RO (12/23/96) [4-page document]