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MATTER OF TRILLING v. NEW YORK CITY DEPT. OF HOUS. PRESERVATION & DEV.

8382. 101593/16.

169 A.D.3d 492 (2019)

92 N.Y.S.3d 622

2019 NY Slip Op 01134

In the Matter of Whitney Trilling, Petitioner, v. New York City Department of Housing Preservation and Development et al., Respondents.

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

Decided February 14, 2019.

Substantial evidence supports HPD's determination that petitioner failed to maintain the subject apartment as her primary residence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180-182 [1978]), as required by the rules applicable to tenancies in Mitchell-Lama apartments (see 28 RCNY 3-02 [n] [4]). Petitioner conceded at the hearing that she did not spend an aggregate of 183 days in the...

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