Murphy v. New York State Division of Housing & Community Renewal

Supreme Court properly determined that petitioner submitted ample evidence to establish that he occupied the subject apartment with his parents as a “primary residence” in 1998 and 1999, the two years immediately before his parents permanently vacated the apartment (9 NYCRR 1727-8.2 [a]). It was arbitrary and capricious for DHCR to deny his appeal solely on the ground that no annual income affidavits were filed in 1998 and 1999. While the regulation at issue mandates that *482tenants of record file annual income affidavits, listing as an occupant the family member seeking succession rights (9…