You are here: / / TENANT’S HUSBAND HAD MOVED TO A NURSING HOME, DIVISION OF HOUSING...
,

TENANT’S HUSBAND HAD MOVED TO A NURSING HOME, DIVISION OF HOUSING AND COMMUNITY RENEWAL PROPERLY ONLY COUNTED TENANT’S PORTION OF THE COUPLE’S INCOME TO FIND HER ELIGIBLE FOR RENT CONTROL (CT APP).

The Court of Appeals, in a full-fledged opinion by Judge Feinman, over an extensive dissenting opinion, determined the Division of Housing and Community Renewal (DHCR) properly counted only the resident’s income, and not her husband’s income, for purposes of her eligibility for rent control. Her husband had moved to a nursing home:

Petitioner’s main contention is that because, under federal tax law, a joint tax return results in joint tax liability attributable to both filers … , under the RCL [rent control law], tenant’s federal AGI [adjusted gross income] cannot be apportioned and therefore her total annual income exceeds the income threshold. Petitioner offers no sound explanation why federal income tax liability should be outcome determinative of how DHCR interprets and applies the RCL. …

To be sure, RCL … characterizes annual income as the federal AGI. The statute also provides that total annual income is calculated as the “sum” of the annual incomes of all those “who occupy the housing accommodation as their primary residence” … . To read the statute as petitioner and the dissent suggest would mean that total annual income may include those persons who do not occupy the housing accommodation as their primary residence. “Such a construction, resulting in the nullification of one part of the [statute] by another,’ is impermissible, and violates the rule that all parts of a statute are to be harmonized with each other” … . Matter of Brookford, LLC v New York State Div. of Hous. & Community Renewal, 2018 NY Slip Op 04381, CtApp 6-14-18

LANDLORD-TENANT (TENANT’S HUSBAND HAD MOVED TO A NURSING HOME, DIVISION OF HOUSING AND COMMUNITY RENEWAL PROPERLY ONLY COUNTED TENANT’S PORTION OF THE COUPLE’S INCOME TO FIND HER ELIGIBLE FOR RENT CONTROL (CT APP))/ADMINISTRATIVE LAW (RENT CONTROL, TENANT’S HUSBAND HAD MOVED TO A NURSING HOME, DIVISION OF HOUSING AND COMMUNITY RENEWAL PROPERLY ONLY COUNTED TENANT’S PORTION OF THE COUPLE’S INCOME TO FIND HER ELIGIBLE FOR RENT CONTROL (CT APP))/RENT CONTROL (TENANT’S HUSBAND HAD MOVED TO A NURSING HOME, DIVISION OF HOUSING AND COMMUNITY RENEWAL PROPERLY ONLY COUNTED TENANT’S PORTION OF THE COUPLE’S INCOME TO FIND HER ELIGIBLE FOR RENT CONTROL (CT APP))/DIVISION OF HOUSING AND COMMUNITY RENEWAL (TENANT’S HUSBAND HAD MOVED TO A NURSING HOME, DIVISION OF HOUSING AND COMMUNITY RENEWAL PROPERLY ONLY COUNTED TENANT’S PORTION OF THE COUPLE’S INCOME TO FIND HER ELIGIBLE FOR RENT CONTROL (CT APP))

You might also like
SYRACUSE NOISE ORDINANCE PROHIBITING MUSIC LOUD ENOUGH TO BE HEARD 50 FEET FROM A PERSON’S CAR IS NOT UNCONSTITUTIONALLY VAGUE.
German Museum Proved It Had Superior Title to Ancient Assyrian Gold Tablet in Decedent’s Estate/Doctrine of Laches Did Not Apply
DEFENDANT WAS NOT UNDULY PREJUDICED BY CODEFENDANT’S ATTORNEY’S SUMMATION-ARGUMENT THAT DEFENDANT WAS A SHOOTER AND THE CODEFENDANT WAS NOT; THE TRIAL EVIDENCE DID NOT POINT TO THAT CONCLUSION AND THE JURY WAS INSTRUCTED THAT SUMMATIONS ARE NOT EVIDENCE (CT APP).
TEN-YEAR, AS OPPOSED TO A FIVE-YEAR, PROBATION SENTENCE FOR A YOUTHFUL OFFENDER SEXUAL ABUSE ADJUDICATION IS SUPPORTED BY THE STATUTORY LANGUAGE (CT APP).
IN THIS LONG TERM ENVIRONMENTAL CONTAMINATION CASE, THE INSURER IS NOT LIABLE TO THE INSURED FOR LOSSES ATTRIBUTABLE TO TIME PERIODS WHEN LIABILITY INSURANCE WAS UNAVAILABLE (CT APP).
FEDERAL CUSTOMS AND BORDER PATROL MARINE INTERDICTION AGENT IS NOT A PEACE OFFICER UNDER NEW YORK LAW; THEREFORE THE AGENT MADE A VALID CITIZEN’S ARREST OF AN ERRATIC DRIVER HE OBSERVED WHILE ON THE HIGHWAY; MOTION TO SUPPRESS THE WEAPON FOUND IN DEFENDANT’S CAR SHOULD NOT HAVE BEEN GRANTED (CT APP).
EXPUNGEMENT NOT AVAILABLE FOR CHILD NEGLECT CASE REFERRED TO THE FAMILY ASSESSMENT RESPONSE TRACK (FAR TRACK).
Failure to Read Jury Notes to Counsel Before Calling in the Jury Was Not a Mode of Proceedings Error—The Error, Therefore, Must Be Preserved by Objection

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

ADMINISTRATIVE LAW JUDGE’S MARKING AN ADMINISTRATION OF CHILDREN’S... NASSAU COUNTY PROPERLY DETERMINED A POLICE OFFICER WAS NOT ENTITLED TO INDEMNIFICATION...