Income of Named Tenant Who Didn't Occupy Apartment Not Included

Landlord applied for high-rent/high-income deregulation of tenant's apartment. The DRA ruled against landlord, finding that tenant's household income for the prior two years was under $175,000 each year. Landlord appealed. There were two tenants on the lease, a father and son. The son's income wasn't included in the calculation. The DHCR ruled against landlord. The son didn't live in the apartment. So even though he was named as a tenant on the lease, his income didn't count toward the household income for purposes of luxury deregulation.

Eastwood Towers Co.: DHCR Admin. Rev. Dckt. No. QC410056RO (9/19/02) [4-pg. doc.]