Income of Tenant Who Vacated Shouldn't Be Considered

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell, Gribben & Donoghue, attorneys for the tenant.) Landlord applied in 1995 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. Landlord claimed that tenant's total annual household income was greater than $250,000 during both 1993 and 1994. The DRA ruled for landlord, and tenant appealed, claiming that he'd moved out of the apartment in 1989 and that the total income of his sons, who lived in the apartment as his successor tenants, was below the $250,000 threshold. Landlord pointed out that in response to landlord's petition, tenant had checked off boxes on the answer form indicating that his total household income was greater than $250,000 for each of the two years in question. The DHCR ruled for tenant and sent the case back for further fact finding. Tenant's checking off of the boxes indicating high income appeared to be a mistake given tenant's other statements. Also, in response to the Income Certification Form sent to tenant before landlord's deregulation petition, tenant had checked a box indicating that the annual household income was below $250,000.

Cohen: DHCR Adm. Rev. Dckt. No. KF410005RT (3/4/98) [5-page document]