Tenant's Household Income Was Below Deregulation Threshold

Landlord applied for high-rent/high-income deregulation of tenant’s apartment in 2010. The DRA ruled against landlord after DTF information found that tenant’s household income didn't exceed $175,000 in 2008. Landlord appealed and lost. Landlord claimed that a roommate moved into the apartment in August 2008 and that the roommate’s income should have been included in the calculation of tenant’s household income. Landlord didn’t mention the roommate before the DRA and therefore couldn’t raise the issue for the first time on appeal. In addition, in response to landlord’s prior 2009 luxury deregulation application, the DRA had already ruled that tenant’s household income was below the deregulation threshold in 2008. Landlord never appealed that decision,so that finding was binding.

51 5TH Units LLC: DHCR Adm. Rev. Docket No. ZL410014RO (8/15/12) [4-pg. doc.]