MATTER OF CHARLES v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION

2129, 101212/14.

144 A.D.3d 444 (2016)

2016 NY Slip Op 07265

39 N.Y.S.3d 786

In the Matter of ELIZABETH CHARLES, Petitioner, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION et al., Respondents.

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

Decided November 3, 2016.


Substantial evidence supports HPD's determination that the apartment was not petitioner's primary residence and had been sublet to third parties without authorization in violation of HPD's rules (see 28 RCNY 3-02 [n] [4]; see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 181 [1978]). Petitioner failed to submit sufficient and reliable evidence to rebut the testimony demonstrating that she...

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