No Proof that Husband Lived in High-Rent Apartment

Landlord filed an application for high-rent/high-income deregulation of tenant's apartment. Tenant answered the application, saying that her income was below the deregulation threshold and that her husband's income couldn't be considered, because he didn't live in the apartment as his primary residence. The DRA dismissed the landlord's application. Landlord appealed and lost. Landlord claimed that tenant's husband had never moved out of the apartment and that it was his primary residence. Landlord said tenant's husband pretended that he lived primarily in the couple's country home. The DHCR said tenant's husband was no longer on the apartment lease. Both tenant and her husband submitted sworn statements saying that he didn't primarily reside in the apartment as of March 2004, when landlord delivered the Income Certificate Form to tenant. They claimed that the husband stayed in the apartment only 66 nights during 2004. Landlord submitted no proof to the contrary. DHCR had no further obligation to investigate the issue.

Madison 68 Corp.: DHCR Adm. Rev. Docket No. TC410066RO (8/23/06) [6-pg. doc.]