Tenant and Family Had Total Income Below Deregulation Threshold

Landlord applied for high-rent/high-income deregulation of tenant’s apartment in 2009. Tenant responded, stating that his annual household income was less than $175,000 for 2007. The DRA ruled against landlord, since tenant’s income was below the deregulation threshold for at least one of the two years in question. Landlord appealed, claiming that there were two additional occupants in the apartment whose income wasn’t included in the calculation of tenant’s household income during 2007 and 2008.

The DHCR ruled against landlord. Landlord had filed a prior deregulation application in 2008. In that case, the DHCR matched income reported for tenant, his wife, and their son during 2007 and found it below the threshold. In that case, there was no tax match for tenant’s other son. Landlord didn’t appeal that decision. So tenant couldn’t possibly qualify for deregulation in 2009, because 2007 was one of the years in question again. Tenant also stated that his other son had been in college in 2007 and wasn’t required to file tax returns. And since tenant had listed his wife in 2009 and the DTF matched her tax information, landlord’s claim that tenant failed to include her in his response was incorrect.

Weinreb Management LLC: DHCR Adm. Rev. Docket No. XL410014RO (2/18/10) [3-pg. doc.]