Roommate's Income Not Considered in Deregulation Proceeding

Landlord applied in 2011 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled against landlord because the Department of Taxation and Finance (DTF) was unable to make a tax match for tenant's roommate for either 2009 or 2010. And tenant's income for each of those years was under $175,000. Landlord appealed and lost. It was unclear whether the roommate primarily resided in the apartment at the time the Income Certification Form (ICF) was sent to tenant. Building employees claimed that the roommate lived in the building, but tenant claimed that the roommate had a home in Hampton Bays, Long Island. In any event, a tax match was sought and the roommate's name didn't appear in DTF records in connection with the apartment address. The DHCR wasn't required or authorized to make further inquiry.

80th Realty LLC: DHCR Adm. Rev. Docket No. CT410018RO (2/23/15) [4-pg. doc.]