Income of Tenant's Daughter Included When Deciding High Rent Deregulation Application

Landlord applied for high-rent/high-income deregulation of tenant's apartment. Tenant claimed its household income was below the deregulation threshold. The DRA ruled for landlord, finding that tenant's household income was greater than the income threshold for deregulation. The household income included incomes of tenant, his wife, and two daughters. Tenant appealed, claiming that the income of one daughter shouldn't be included because she primarily resided in Louisiana while attending college during the two prior years. The DHCR ruled against tenant. Tenant stated in answer to the luxury deregulation application that his daughter lived in Louisiana temporarily while attending college and admitted that she lived in the apartment during the summers. Tenant's daughter also filed New York State resident income tax returns for the years in question. So the DRA properly included the daughter's income in calculation of tenant's household income.

Lipman: DHCR Adm. Rev. Dckt. No. RG410065RT (9/8/03) [5-pg. doc.]