Landlord Didn't Prove Tenant Had Roommate Whose Income Was Relevant to Deregulation Determination

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2015. Landlord noted in its application that it contested the amount of the household income claimed by tenant since it believed that an additional occupant lived in the apartment as tenant's roommate. Landlord named that individual in its application. Tenant didn't report the roommate on her income certification form (ICF). The DRA ruled against landlord, who appealed and lost. Tenant argued that the roommate named by landlord purchased a home outside NYC in 1989 and that the home was the roommate's primary residence. Tenant submitted some documentation in support of this claim, including recent mortgage interest statements and PSGE Long Island statements. Landlord, on the other hand, submitted no proof, such as statements from residents or building employees that they had observed the roommate living in the apartment during the two years in question. 

29 LLC: DHCR Adm. Rev. Docket No. FX410009RO (4/3/19) [3-pg. doc.]