Incomes of Tenants' Daughters Not Included in Income Evaluation

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, attorneys for the tenant.)

Landlord applied for high-rent/high-income deregulation of tenants’ apartment in 2008. Landlord listed tenants’ two daughters as additional apartment occupants in its application. Tenants claimed that their daughters didn’t live in the apartment and that their relevant household income wasn’t above $175,000 for either 2006 or 2007. The DRA ruled against landlord, who appealed and lost. The DRA correctly found that the daughters had moved out of the apartment before landlord sent tenants the 2008 Income Certification Form (ICF). Tenants submitted documentation that one daughter had moved to Brooklyn in March 2008 and the other daughter moved to California in December 2007. Tenants’ proof included the daughters’ utility bills, income tax returns, and records showing purchases of home furnishings.

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