Tenant Showed That Husband Moved Out Before Income Certification Period

Landlord applied for high-rent/high-income deregulation of tenant’s apartment in 2010. Tenant claimed that her rent was less than the $175,000 deregulation threshold in both 2008 and 2009, and that her husband had permanently vacated the apartment in 2005. Tenant also pointed out that the allocation percentage for their joint income reported on NY State Income Tax returns was 10 percent in 2008 and 20 percent in 2009. Tenant claimed that it was a mistake to attribute her husband’s 2008 or 2009 income to the household. The DRA ruled against landlord, finding that tenant’s household income was below the deregulation threshold for both years in question. Landlord appealed and lost. Tenant proved that her husband had moved to Suffolk County in July 2005 through voter registration records, as well as the husband’s employment records, Internet, and electric bills. Landlord didn’t produce any direct proof of any kind showing that the husband lived in the apartment.

1-4 Management LLC: DHCR Adm. Rev. Docket No. BQ410025RO (5/3/16) [8-pg. doc.]