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MATTER OF BAUMAN v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

8885, 401808/10.

101 A.D.3d 633 (2012)

957 N.Y.S.2d 318

2012 NY Slip Op 9159

In the Matter of ABRAM BAUMAN et al., Petitioners, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

December 27, 2012.

Substantial evidence supports the determination that petitioners, an elderly married couple, violated DHCR's policy requiring truthful and complete reporting of family composition on its recertification forms. However, the finding that Mr. Bauman is indebted to DHCR for the total amount of subsidy paid since October 1, 2007, when he vacated the unit pursuant to the couple's separation, is not supported by substantial evidence. The evidence shows that from the time it was...

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