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IN THE MATTER OF MANHATTAN PLAZA ASSOCIATES v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK

8 A.D.3d 111 (2004)

778 N.Y.S.2d 164

In the Matter of MANHATTAN PLAZA ASSOCIATES, L.P., Appellant, v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, Respondent, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 15, 2004.

Petitioner contends that the DHPD regulation which permitted a family member not listed on the annual certifications to rebut the presumption that he or she did not live in the apartment (former 28 RCNY 3-02 [p]), violated the purpose of the federal section 8 legislation (42 USC § 1437f), as interpreted by the Court of Appeals in Matter of Evans v Franco (93 N.Y.2d 823 [1999]). We disagree. While Evans held that an agency...

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