Public Housing Tenants Own House in Florida

March 1, 2010

LVT Number: #22496

Landlord sought a certificate of eviction against tenants from HPD, claiming that tenants didn’t live in their apartment as their primary residence. HPD ruled for landlord after a hearing. Tenants appealed and lost. HPD’s decision was supported by substantial proof. Tenants owned a home in Florida. One tenant’s driver’s license and car registration were issued in Florida. There was no proof, as claimed, that tenants’ grandchild was homeschooled, even though she was listed as an apartment occupant on tenants’ income certification.

Landlord sought a certificate of eviction against tenants from HPD, claiming that tenants didn’t live in their apartment as their primary residence. HPD ruled for landlord after a hearing. Tenants appealed and lost. HPD’s decision was supported by substantial proof. Tenants owned a home in Florida. One tenant’s driver’s license and car registration were issued in Florida. There was no proof, as claimed, that tenants’ grandchild was homeschooled, even though she was listed as an apartment occupant on tenants’ income certification.

Arroyo v. Donovan: NYLJ, 2/22/10, p. 24, col. 5 (App. Div. 1 Dept.; Andrias, JP, Catterson, Renwick, DeGrasse, Manzanet-Daniels, JJ)

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