Douglaston wins case to evict wealthy renter from affordable apartment

Stockbroker David Sans misrepresented income to land West Chelsea pad

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
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”
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
Creative ways NYC landlords are getting around the new rent rules
L-R: Douglas Elliman CEO Scott Durkin, Serhant CEO Ryan Serhant, Brown Harris Stevens CEO Bess Freedman, The Real Deal's Hiten Samtani (Photos by Paul Dilakian)
Top resi execs talk brand building, tech and politics at TRD NYC event
Top resi execs talk brand building, tech and politics at TRD NYC event
Southampton Village mayor Jesse Warren (Getty Images, iStock, Illustration by Kevin Cifuentes for The Real Deal)
Southampton Village allows owners to collect summer’s rent upfront
Southampton Village allows owners to collect summer’s rent upfront
Zillow economist Nicole Bichaud (Zillow, iStock)
Where have home values grown more, suburbs or cities? The answer may surprise you
Where have home values grown more, suburbs or cities? The answer may surprise you
Clockwise from top left: Eric and Bridget Elkin, Diane Mollica, Liz and Lisa Gillooly and Sarah Frigo (Compass)
Compass aims to grow its North Fork agent count fivefold
Compass aims to grow its North Fork agent count fivefold
CHIP executive director Jay Martin (LinkedIn, iStock / Photo illustration by Priyanka Modi)
Landlords called it: Vacancy rate jumps, rent-stabilization stays
Landlords called it: Vacancy rate jumps, rent-stabilization stays
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...