MATTER OF DOYLE v. CALOGERO


52 A.D.3d 252 (2008)

859 N.Y.S.2d 178

In the Matter of JENNIFER DOYLE, Appellant, v. JUDITH A. CALOGERO, as Commissioner of the New York State Division of Housing and Community Renewal, Office of Rent Administration, Respondent, and NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, OFFICE OF RENT ADMINISTRATION, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 5, 2008.


Petitioner urges that when determining household income for purposes of luxury deregulation (see Rent Stabilization Law of 1969 [Administrative Code of City of NY] § 26-504.1), the agency should not have taken into consideration the income of her husband because he did not occupy the apartment during the two years preceding service of the income certification form, even though he did reside there at the time the form was served. However, this Court has previously...

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