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

*634Substantial evidence supports the determination that petitioners, an elderly married couple, violated DHCR’s policy requiring truthful and complete reporting of family composition on its recertification forms. However, the finding that Mr. Bauman is indebted to DHCR for the total amount of subsidy paid since October 1, 2007, when he vacated the unit pursuant to the couple’s separation, is not supported by substantial evidence. The evidence shows that from the time it was first awarded, the subsidy was provided to assist both petitioners to live in the unit. The hearing officer found that Mrs.…