No Proof Tenant's Husband Occupied Apartment

Landlord applied for high-rent/high-income deregulation of tenant's rent-stabilized apartment in 2014 when tenant's rent was $2,500 or more, in order to determine whether tenant's household income exceeded $200,000 annually during 2012 and 2013. Landlord claimed that tenant's husband lived in the apartment as his primary residence and that his income should be included. Tenant claimed that her husband didn't live in the apartment. The DRA ruled against landlord, after Department of Taxation and Finance (DTF) records showed that tenant's household income was less than $200,000 in 2013.

Landlord appealed and lost. Only the income of people occupying the apartment on the date the Income Certification Form was sent to tenant in April 2014 counts toward the household income. Landlord had the burden of proof to show that tenant's husband lived in the apartment at that time and didn't make any specific claims to show that he lived there. And tenant had shown in a prior luxury deregulation proceeding that her husband had lived in New Jersey for several years.

Montgomery Trading LLC: DHCR Adm. Rev. Docket No. FO410030RO (11/14/17) [6-pg. doc.]