Son's Income Not Considered

LVT Number: 18400

Tenant's son lived with tenant until July 2004. Tenant asked the DHCR if his son's 2004 income could be considered for high- rent/high-income deregulation purposes. In an opinion letter, the DHCR pointed out that if landlord filed for deregulation in 2004, only 2002 and 2003 household income would be considered. If landlord filed in 2005, the son's 2004 income wouldn't be considered.

Tenant's son lived with tenant until July 2004. Tenant asked the DHCR if his son's 2004 income could be considered for high- rent/high-income deregulation purposes. In an opinion letter, the DHCR pointed out that if landlord filed for deregulation in 2004, only 2002 and 2003 household income would be considered. If landlord filed in 2005, the son's 2004 income wouldn't be considered. Household members who permanently vacate an apartment before the date on which landlord sends tenant the income certification form aren't included in tenant's household for high-rent/high-income deregulation purposes.

DHCR Opin. Ltr. by Michael B. Rosenblatt (3/14/05) [2-pg. doc.]

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