DHCR Improperly Removed Husband's Income from Consideration After Husband Died

Landlord applied in 2011 for high-rent/high-income deregulation of tenant's rent-controlled apartment. The DRA ruled for landlord, finding that tenant's annual household income was more than $175,000 in both 2009 and 2010. Tenant requested reconsideration because her husband had died in April 2013 and therefore no longer occupied the apartment. The DRA granted tenant's request, reopened the case, removed the income of tenant's husband from consideration, and found that tenant's income was below the deregulation threshold. Landlord appealed and won. Tenant's husband lived in the apartment when landlord served the Income Certification Form (ICF) on tenant in March 2011. This was the relevant time period, and tenant never claimed that her husband wasn't living in the apartment at that time. 

Georgia Properties, Inc.: DHCR Adm. Rev. Docket No. ET420054RO (5/5/17) [7-pg. doc.]