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MATTER OF RODRIGUEZ v. NEW YORK CITY DEPT. OF HOUS. PRESERV. & DEV.

100624/19. Appeal No. 12724. Case No. 2019-03936.

189 A.D.3d 650 (2020)

134 N.Y.S.3d 701

2020 NY Slip Op 07728

In the Matter of Yvonne Rodriguez, 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 December 22, 2020.

Attorney(s) appearing for the Case

Mobilization for Justice, Inc., Bronx ( Andrew Jones of counsel), for petitioner.

James E. Johnson , Corporation Counsel, New York ( Ellen Ravitch of counsel), for New York City Department of Housing Preservation and Development and Eric Enderlin, respondents.

Doyle & Broumand LLP, Bronx ( Hedi Broumand of counsel), for Stevenson Commons Affordable LLC, respondent.

Concur—Acosta, P.J., Oing, Scarpulla, Mendez, JJ.

The determination is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180 [1978]). One factor relevant to whether petitioner continued to reside in the subject apartment as her primary residence is whether petitioner sublet or permitted unauthorized people to live in the apartment without the written approval of respondent Department of Housing Preservation and...

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