Roommate's Income Counts in High-Rent Deregulation Determination

Landlord applied for high-rent/high-income deregulation of tenant's apartment in 2005. Tenant claimed that her household income during 2003 and 2004 was less than $175,000 per year. When tenant received the Income Certification Form (ICF) in March 2005, tenant, tenant's daughter, and a roommate lived in the apartment. After matching tax records with the Department of Taxation and Finance, the DRA ruled for landlord. Tenant appealed and lost. Tenant said that the roommate didn't live in the apartment during 2003 or 2004. Therefore, his income should not have been included in the DHCR's calculation. The DHCR said it didn't matter whether the roommate lived in the apartment during 2003 or 2004. What mattered was whether he lived in the apartment when the ICF was delivered to tenant in March 2005. Therefore, the roommate's income was properly included in the DHCR's determination.

Doyle: DHCR Adm. Rev. Docket No. UG410037RT (11/9/06) [4-pg. doc.]