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MATTER OF SANTIAGO v. EAST MIDTOWN PLAZA HOUSING CO., INC.

59 A.D.3d 174 (2009)

873 N.Y.S.2d 536

In the Matter of LOLITA SANTIAGO, Petitioner, v. EAST MIDTOWN PLAZA HOUSING CO., INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 5, 2009.

Substantial evidence supports HPD's determination that petitioner failed to maintain the subject apartment as her primary residence, as required by the rules applicable to tenancies in Mitchell-Lama apartments (see 28 RCNY 3-02 [n] [4]). Petitioner provided a Colorado address as her residence on a voting registration card completed in Colorado in 2004 and spent less than an aggregate of 183 days in the subject apartment in the calendar year preceding commencement of...

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