Tenant's Daughter Not Part of Household

Landlord applied in 2009 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled against landlord after tenant and his wife showed that their household income was less than the deregulation threshold for 2007 and 2008. Landlord appealed, claiming that tenant's adult daughter also lived in the apartment, so her income should have been counted toward the total household income. The DHCR ruled against landlord. Tenant showed that his daughter permanently moved out of the apartment on April 21, 2008. This was before landlord sent tenant the Income Certification Form in 2009. So tenant's daughter didn't qualify as an apartment occupant at the time of the proceeding and couldn't be counted.

315 East 72nd Street Owners, Inc.: DHCR Adm. Rev. Docket No. ZC410009RO (6/6/11) [5-pg. doc.]