MATTER OF GOTTLIEB v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

6363, 110160/09

90 A.D.3d 527 (2011)

934 N.Y.S.2d 400

2011 NY Slip Op 9032

In the Matter of STEPHEN GOTTLIEB, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, et al., Respondent.

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

Decided December 15, 2011.


Petitioner did not submit income affidavits or a notice of change demonstrating that he lived in the subject apartment with his father for two years preceding his father's death in March 1994. To the contrary, the income affidavit that he submitted for 1992 notes that he began residing in the apartment "as of 10/1/92"—less than two years before his father died. Thus, DHCR's determination that petitioner failed to demonstrate that the apartment was his primary residence...

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