Daughter Didn't Live with Tenant for Two Years

April 30, 1994

LVT Number: 8751

HPD issued a certificate of eviction to landlord to evict subsidized tenant's daughter after tenant died. Daughter appealed. The court and appeals court ruled against her. HPD's administrative ruling was based on substantial proof that daughter didn't show she'd lived in the apartment as a primary residence with tenant for at least two years before he died. Tenant also didn't list daughter on income affidavits for the two years before he died.

HPD issued a certificate of eviction to landlord to evict subsidized tenant's daughter after tenant died. Daughter appealed. The court and appeals court ruled against her. HPD's administrative ruling was based on substantial proof that daughter didn't show she'd lived in the apartment as a primary residence with tenant for at least two years before he died. Tenant also didn't list daughter on income affidavits for the two years before he died.

Matter of Shupack: NYLJ, p. 22, col. 3 (4/21/94) (App. Div. 1 Dept.; Carro, JP, Ellerin, Wallach, Kupferman, Nardelli, JJ)

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