Douglaston wins case to evict wealthy renter from affordable apartment

Stockbroker David Sans misrepresented income to land West Chelsea pad

TRD New York /
Feb.February 26, 2018 04:30 PM
Jeff Levine and the Ohm at 312 11th Avenue

Jeff Levine and the Ohm at 312 11th Avenue

UPDATED, Feb. 26, 5:30 p.m.: The stockbroker with a six-figure salary who claimed he earned nearly $25,000 in order to score a rent-stabilized apartment has to pack up his things and move out, a judge ruled.

David Sans fought to hold onto his $722-a-month apartment at Douglaston Development’s Ohm rental tower in Chelsea after a state audit last year found he was among at least 160 tenants who has six-figure incomes but lived in affordable buildings across the city, court records show.

The court ruled that Sans lacked a valid explanation for why estimated income grew on later filings. An attorney for the tenant said he disagreed with the court’s ruling and would seek an opportunity to reargue the case.

Sans claimed that Douglaston needed to serve a “notice to cure” in order to evict him on the grounds that he breached his lease. But the landlord’s attorneys were able to argue that Sans’ misrepresentations threatened the building’s valuable low-income tax credits.

“This ruling provides owners with an avenue to act swiftly when false statements by low-income tenants jeopardize valuable low-income housing tax credits,” said Howard Kingsley of Rosenberg & Estis who represented Douglaston.

An audit released last year by state Comptroller Thomas DiNapoli revealed that Sans claimed a full-time salary of $24,745 when he applied for one of the affordable apartments at Douglaston’s 34-story tower at 312 11th Avenue in 2012, when in fact he made eight times as much.

When Sans came up for recertification he provided a 2012 tax return showing his income had jumped to $238,000 – a figure that would make him ineligible for one of the building’s affordable units. The next hear he claimed he got a job as a top executive at Mount Sinai Hospital three months after landing his affordable apartment, and reported income of $456,502.


Related Articles

arrow_forward_ios
Blackstone CEO Steven Schwartzman and Stuyvesant Town (Credit: Getty Images)

After authorities vowed review of Stuy Town deal, Blackstone changes course on vacancies

Real Capital Analytics data showed that New York’s multifamily market had a very slow July. (Credit: iStock)

New NYC rent law “beginning to shut down investment”

Some landlords say they plan to close the door to vacant apartments and wait for the laws to change (Credit: iStock)

Creative ways NYC landlords are getting around the new rent rules

Alex Rodriguez (Photos by Guerin Blask)

A-Rod is coming for NYC and SoFla real estate

There will be 70 agents based at the new office (Credit: iStock)

Compass opens Long Island City office as new-development sales surge

Cases to challenge tenant residency have declined since June (Credit: iStock)

More rent-law fallout: Landlords back off “absentee” tenants

The Daily Digest - Tuesday

New life for Toys “R” Us, Masa Son is “embarrassed” with the Vision Fund: Daily digest

Nooklyn CEO Harley Courts (Credit: iStock)

Brokerage slashes agent commissions, delays payments after rent law change

arrow_forward_ios