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MATTER OF RODRIGUEZ v. TORRES-SPRINGER

10983.

180 A.D.3d 470 (2020)

116 N.Y.S.3d 277

2020 NY Slip Op 00982

In the Matter of Cynthia Rodriguez, Appellant, v. Maria Torres-Springer, Commissioner, 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 11, 2020.

Substantial evidence supports the hearing officer's determination that petitioner failed to prove her primary residency since the inception of her occupancy in the subject apartment in 2005 (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180 [1978]). According to 28 RCNY 3-02(n)(4), "[i]t is required that the apartment of the tenant/cooperator be at initial occupancy and continue to be his or her primary place...

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