No Proof of Additional Occupants in Deregulation Proceeding

LVT Number: #22219

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2008. Tenant answered the DRA's notice and stated that his annual household income was below $175,000 during 2006 and 2007. The DRA dismissed landlord's application after verifying tenant's income report with the Department of Taxation and Finance. Landlord appealed and lost. Landlord claimed that other people lived in tenant's apartment and that their incomes also should have been considered in deciding whether tenant's household income exceeded the deregulation threshold.

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2008. Tenant answered the DRA's notice and stated that his annual household income was below $175,000 during 2006 and 2007. The DRA dismissed landlord's application after verifying tenant's income report with the Department of Taxation and Finance. Landlord appealed and lost. Landlord claimed that other people lived in tenant's apartment and that their incomes also should have been considered in deciding whether tenant's household income exceeded the deregulation threshold. But landlord didn't list any names or provide any other factual information to support this claim. So even if the DHCR could have investigated further, there was nothing provided by landlord to investigate.

21 Bank Street LLC: DHCR Adm. Rev. Docket No. XD410027RO (8/13/09) [4-pg. doc.]

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