Follow Us

Law.com Subscribers SAVE 30%

Call 855-808-4530 or email GroupSales@alm.com to receive your discount on a new subscription.

Landlord Tenant Law Litigation

Luxury Decontrol for Couples Living Apart

The Rent Regulation Reform Act provides for deregulation of rent-stabilized apartments occupied by tenants whose income exceeds the statutory threshold. When a married couple lives in the apartment, the income of both spouses counts in determining whether the threshold is met. But suppose only one spouse occupies the apartment as a primary residence. When, if ever, should the income of the other spouse be counted towards the threshold?

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The Rent Regulation Reform Act of 1993 provides for deregulation of rent-stabilized apartments occupied by tenants whose income exceeds the statutory threshold (originally $175,000, now $250,000). When a married couple lives in the apartment, the income of both spouses counts in determining whether the threshold is met. But suppose only one spouse occupies the apartment as a primary residence. When, if ever, should the income of the other spouse be counted towards the threshold? The Court of Appeals recently addressed that issue in Matter of Brookford, LLC v. New York State Division of Housing and Community Renewal (DHCR), [citation], and held that only the income of the resident spouse should be counted. While resolving one basic issue, the court’s opinion leaves some peripheral issues unresolved.

Read These Next