HPD Finding of Nonprimary Residence Upheld

March 31, 2008

LVT Number: #20297

Landlord Chinatown Apartments, Inc. sought a certificate of eviction from HPD, claiming that tenant didn't primarily reside in her subsidized apartment. HPD ruled for landlord. Tenant appealed and lost. HPD's finding that tenant didn't maintain the apartment as her primary residence for many years was supported by substantial proof, including admissions by tenant at the hearing. Tenant also argued on appeal that her niece had succession rights to the apartment.

Landlord Chinatown Apartments, Inc. sought a certificate of eviction from HPD, claiming that tenant didn't primarily reside in her subsidized apartment. HPD ruled for landlord. Tenant appealed and lost. HPD's finding that tenant didn't maintain the apartment as her primary residence for many years was supported by substantial proof, including admissions by tenant at the hearing. Tenant also argued on appeal that her niece had succession rights to the apartment. But this claim wasn't raised before HPD and can't be made for the first time in the Article 78 proceeding to challenge HPD's decision.

Lee v. HPD: NYLJ, 3/3/08, p. 28, col. 1 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Saxe, Gonzalez, Sweeny, JJ)

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