Rent-Controlled Apartment Didn't Qualify for High-Rent/High-Income Deregulation

Landlord applied for high-rent/high-income deregulation of tenants' rent-controlled apartment in 2015. Landlord named two tenants in its application. One tenant claimed that the other tenant lived in Mexico, so his income shouldn't be included in any determination of household income. The DRA ruled for tenants and found that the household income was below the deregulation threshold for 2013 and 2014.

Landlord appealed and lost. Landlord claimed that there was no proof that one tenant had moved out. But tenants showed that on the date that the Income Certification Form (ICF) was sent to tenants, one tenant didn't live in the apartment. Among other things, tenants submitted a sworn statement from the one tenant's Mexican landlord stating that he lived there from January 2013 through May 2015. Tenant's passport also showed that he lived in Mexico during that time. Landlord didn't submit any contrary proof showing that tenant lived in the apartment when the ICF was sent.

222 West 83rd Street, LLC: DHCR Adm. Rev. Docket No. FW420041RO (6/5/18) [8-pg. doc.]