Tenant Subject to Deregulation Even Though Wife Moved Out

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2006. The DRA ruled for landlord after finding that tenant's household income for 2004 and 2005 was more than $175,000 in each of those years. Tenant appealed, arguing that, since his wife moved out in July 2006, her income shouldn't be considered. Tenant claimed that his household income was now much lower than $175,000 and that the law wasn't intended to deregulate his apartment under these circumstances.
The DHCR ruled against tenant. In April 2006, when landlord sent tenant the Income Certification Form (ICF), tenant, his wife, and their son all still lived in the apartment. So the DRA correctly considered all three as household members for purposes of determining household income for 2004 and 2005. Tenant also claimed that he didn't receive the ICF before landlord filed its application with the DHCR. But landlord sent the ICF by certified mail, return receipt requested. Landlord's doorman accepted certified mail for tenants and said that his long-standing procedure was merely to sign the return receipt presented by the mail carrier. The postal worker then placed any certified mail directly in tenants' mailboxes.

Freundlich: DHCR Adm. Rev. Docket No. WG410008RT (8/28/08) [5-pg. doc.]