Opinion
11-03-2016
In re Elizabeth CHARLES, Petitioner, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION, et al., Respondents.
Law Offices of Andrew J. Spinnell, LLC, New York (Andrew J. Spinnell of counsel), for petitioner. Zachary W. Carter, Corporation Counsel, New York (Ellen Ravitch of counsel), for New York City Department of Housing Preservation and Development, respondent. Kagan Lubic Lepper Finkelstein & Gold, LLP, New York (Fran I. Lawless of counsel), for 158th Street & Riverside Drive Housing Co., Inc., respondent.
Law Offices of Andrew J. Spinnell, LLC, New York (Andrew J. Spinnell of counsel), for petitioner.
Zachary W. Carter, Corporation Counsel, New York (Ellen Ravitch of counsel), for New York City Department of Housing Preservation and Development, respondent.
Kagan Lubic Lepper Finkelstein & Gold, LLP, New York (Fran I. Lawless of counsel), for 158th Street & Riverside Drive Housing Co., Inc., respondent.
Determination of respondent New York City Department of Housing Preservation and Development (HPD), dated June 26, 2014, issuing a certificate of eviction upon a finding that petitioner had violated HPD's rules and the occupancy agreement for the Mitchell–Lama apartment at issue, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Paul Wooten, J.], entered May 11, 2015), dismissed, without costs.
Substantial evidence supports HPD's determination that the apartment was not petitioner's primary residence and had been sublet to third parties without authorization in violation of HPD's rules (see 28 RCNY 3–02[n][4]; see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 181, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). Petitioner failed to submit sufficient and reliable evidence to rebut the testimony demonstrating that she had violated the rules (see Matter of O'Quinn v. New York City Dept. of Hous. Preserv. & Dev., 284 A.D.2d 211, 726 N.Y.S.2d 644 [1st Dept.2001] ). There is no basis to disturb the Hearing Officer's credibility determinations (Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443, 522 N.Y.S.2d 478, 517 N.E.2d 193 [1987] ).
Under the circumstances, the issuance of a certificate of eviction does not shock the conscience (see e.g. Matter of Alarape v. New York City Dept. of Hous. Preserv. & Dev., 55 A.D.3d 316, 863 N.Y.S.2d 916 [1st Dept.2008], lv. denied 12 N.Y.3d 801, 879 N.Y.S.2d 44, 906 N.E.2d 1078 [2009] ; Matter of Graceffo v. City of New York, 71 A.D.3d 603, 898 N.Y.S.2d 27 [1st Dept.2010] ; see generally Matter of Scott v. Peekskill Hous. Auth., 28 N.Y.2d 610, 320 N.Y.S.2d 74, 268 N.E.2d 802 [1971] ).
We have considered petitioner's remaining arguments and find them unavailing.
FRIEDMAN, J.P., RENWICK, FEINMAN, GISCHE, KAPNICK, JJ., concur.