Husband's Income Not Considered in Luxury Deregulation Proceeding

Landlord applied for high-rent/high-income deregulation of tenant's rent-controlled apartment in 2006. The DRA ruled against landlord, finding that tenant's household income didn't exceed $175,000 in either 2004 or 2005. Landlord claimed that the income of tenant's husband should have been included in the verification and calculation of household income. But the husband wasn't an apartment occupant at the time that landlord sent tenant the income certification form in 2006. By then, the husband had permanently vacated the apartment due to severe and debilitating medical and health problems. The husband had moved to an assisted living facility in March 2005 and had lived there full time until he died in November 2006. The husband's doctor also had stated that the move was permanent and based on the husband's dementia. So the husband's income was properly excluded from consideration as part of the household income.

Brookford LLC: DHCR Adm. Rev. Docket No. AM420004RP (11/19/14) [9-pg. doc.]