By JAY ROMANO Published: December 17, 2010 in the New York Times
Q. What are the implications of taking a roommate into my rent-stabilized apartment, considering that my rent is already over $2,000 a month?
A. Sherwin Belkin, a Manhattan lawyer who represents property owners, says that although the writer is allowed by law to take in a roommate, doing so in this case could jeopardize the writer’s rent-regulated status. He said that if the rent on a stabilized apartment was $2,000 or more a month, the apartment would be subject to deregulation if the income of all of its occupants in each of the previous two calendar years totaled more than $175,000. “The income is not only the income of the tenant,” Mr. Belkin said. “It also includes the income of all other persons who use the apartment as their primary residence or on other than a temporary basis. If the tenant’s annual income is $175,000 or below now, by taking a roommate the tenant runs the risk of boosting the includable income above $175,000 and potentially having the apartment deregulated.”