Income of Tenant's Husband Not Considered

December 1, 1999

LVT Number: 13741

Landlord applied in 1996 for high-rent/high-income deregulation of tenant's apartment. Tenant claimed her household income for the prior two years was below the $250,000 threshold. State Department of Taxation records confirmed this. Tenant also claimed that her husband's income shouldn't be considered because his primary residence was in East Hampton. Landlord claimed that tenant's husband lived in the apartment and that his income should be considered. The DRA ruled against landlord, and landlord appealed. The DHCR also ruled against landlord.

Landlord applied in 1996 for high-rent/high-income deregulation of tenant's apartment. Tenant claimed her household income for the prior two years was below the $250,000 threshold. State Department of Taxation records confirmed this. Tenant also claimed that her husband's income shouldn't be considered because his primary residence was in East Hampton. Landlord claimed that tenant's husband lived in the apartment and that his income should be considered. The DRA ruled against landlord, and landlord appealed. The DHCR also ruled against landlord. Landlord didn't produce any proof that tenant's husband primarily resided in the apartment. So there was no reason for the DHCR to look beyond the Department of Taxation records or hold a hearing on this issue.

Ram I LLC: DHCR Adm. Rev. Dckt. No. MB410094RO (7/13/99) [3-pg. doc.]

Downloads

MB410094RO.pdf183.61 KB

Topics

More like this