Wife's Income Added to Tenant's for Deregulation

Landlord applied in 2009 for high-rent/high-income deregulation of tenant's rent-controlled apartment. The DRA ruled for landlord, finding that the rent was over $2,000 per month and tenant's household income was over $175,000 for 2007 and 2008. Tenant appealed and lost. The household income was based on the incomes of both tenant and his wife. Tenant claimed that his wife didn't move into the apartment until November 2007, after they were married, that she lived in the apartment as her primary residence for only two months during 2007, and that her income should be prorated so that the total household income for that year was less than $175,000. The DHCR ruled against tenant. Under applicable rent control regulations, the date for determining occupancy in a "luxury deregulation" case is the date when the Income Certification Form is delivered. When landlord sent the ICF in April 2009, tenant's wife primarily resided in the apartment. The fact that she didn't live in the apartment for the entire 2007 tax year didn't matter.

Capers: DHCR Adm. Rev. Docket No. ZB420049RT (5/11/11) [4-pg. doc.]