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

Petitioner did not submit income affidavits or a notice of change demonstrating that he lived in the subject apartment with his father for two years preceding his father’s death in March 1994. To the contrary, the income affidavit that he submitted for 1992 notes that he began residing in the apartment “as of 10/1/92” — less than two years before his father died. Thus, DHCR’s determination that petitioner failed to demonstrate that the apartment was his primary residence for two years before his father’s death was rationally based in the record and was not arbitrary and capricious (see Taylor…