MATTER OF LAVIANCA ABREU v. NEW YORK CITY HOUSING AUTHORITY EAST RIVER HOUSES


52 A.D.3d 432 (2008)

860 N.Y.S.2d 115

In the Matter of DORIS LAVIANCA ABREU, Appellant, v. NEW YORK CITY HOUSING AUTHORITY EAST RIVER HOUSES, Respondent.

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

Decided June 26, 2008.


Petitioner does not qualify as a remaining family member because she did not enter the apartment lawfully, respondent never gave the tenant of record written permission for petitioner to join her household, and petitioner admitted that no such permission was ever obtained. This was further corroborated by the tenant's annual income affidavits for the years petitioner allegedly lived in the apartment, in which the tenant listed no occupants other than herself, and by the testimony...

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