No Deregulation of Tenant Whose Two Apartments Weren't Combined Unit

Landlord applied in 2010 for high-rent/high-income deregulation of tenant's combined apartment unit. The DRA ruled for landlord after the Department of Taxation and Finance (DTF) matched tenant's household income and found that it was over $175,000 in both 2008 and 2009. The apartment rent was over $2,000 per month. Tenant appealed and won. Tenant claimed that she rented two apartments in the building that weren't connected. One was rent controlled, the other was rent stabilized. The DHCR agreed that the apartments weren't combined or physically connected and had separate kitchens and separate entrances. They weren't utilized as one integrated residential household unit. The rent for each of the two separate apartments was below the statutory deregulation threshold, the apartments were listed separately in landlord's ledgers and rent records, and they were listed separately in the building's Certificate of Occupancy. 

Friedman: DHCR Adm. Rev. Docket No. BU420043RT (5/8/18) [6-pg. doc.]