Opinion
March 30, 1995
Appeal from the Supreme Court, New York County (Bruce McM. Wright, J.).
Petitioner failed to provide sufficient documentation that he has fulfilled the two-year residency requirement pursuant to 9 NYCRR 1727-8.3 (a) and 1727-8.2 (a) (5). Notably, petitioner was not listed on the income affidavit, which had he been listed would have warranted either an eviction of the former tenant or at least a substantial rent surcharge, which undermines his residency claim (Matter of Ferriolo v. Department of Hous. Preservation Dev., 176 A.D.2d 159). It is of no avail to petitioner that he denies any personal knowledge of such omission.
Concur — Ellerin, J.P., Wallach, Kupferman, Asch and Mazzarelli, JJ.