Parents' Income Not Included

August 31, 2003

LVT Number: 16824

Landlord applied for high-rent/high-income deregulation of tenants' apartment in 2000. Tenants' daughter answered that she was the only one living in the apartment when the Income Certification Form was sent in early 2000. Her income was less than $175,000 per year during 1998 and 1999. Her parents, who were tenants of record, had moved out of the apartment in December 1999. The DHCR ruled against landlord. Landlord appealed, arguing that the DHCR should include the parents' income in its calculation of household income for 1998 and 1999. The court and appeals court ruled against landlord.

Landlord applied for high-rent/high-income deregulation of tenants' apartment in 2000. Tenants' daughter answered that she was the only one living in the apartment when the Income Certification Form was sent in early 2000. Her income was less than $175,000 per year during 1998 and 1999. Her parents, who were tenants of record, had moved out of the apartment in December 1999. The DHCR ruled against landlord. Landlord appealed, arguing that the DHCR should include the parents' income in its calculation of household income for 1998 and 1999. The court and appeals court ruled against landlord. The Rent Stabilization Law clearly states that only the incomes of persons living in an apartment on the date that the Income Certification Form is sent should be considered.

A.J. Clarke Real Estate Corp. v. DHCR: NYLJ, 8/18/03, p. 20, col. 2 (App. Div. 1 Dept.; Nardelli, JP, Andrias, Saxe, Williams, Friedman, JJ)

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