Tenant's Son Didn't Live in Apartment at Time of Deregulation Petition

Landlord applied in 2011 for high-rent/high-income deregulation of tenant’s rent-stabilized apartment. Tenant claimed that his total annual household income was under $175,000 during both 2009 and 2010. Landlord claimed that tenant’s son primarily resided in the apartment at the relevant time and his income should be included in the household income. The DRA ruled against landlord, who appealed and lost. Tenant claimed that her son moved out in January 2008 and presented the son’s subleases, rent checks, and Con Ed payments relating to another nearby apartment. Two building staff members submitted sworn statements based on building entry log books and their observations that the son was living in the apartment. But these statements didn’t contain specific detailed information concerning how often the son visited the apartment. The son’s tax returns listing tenant’s apartment as his address also weren’t sufficient proof as they only showed his mailing address. So the Rent Administrator properly excluded the son’s name from its DTF match inquiry for the apartment. 

21 East 66th Street Associates, LLC: DHCR Adm. Rev. Docket No. CP410016RO (4/17/15) [5-pg. doc.]