Opinion
October 20, 1998
Respondent's determination that petitioner failed to satisfy the requisite eligibility criteria for a grant of emergency relief to pay his rent arrears is supported by substantial evidence ( see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176). Petitioner failed to make the requisite showing that his rent arrears of $9,685.34 accumulated over a two-year period, during which petitioner received public assistance for the payment of rent, were the result of an emergency situation ( see, Baumes v. Lavine, 38 N.Y.2d 296, 304; Matter of St. Clair v. Perales, 178 A.D.2d 532, 533, lv denied 80 N.Y.2d 753). Nor did petitioner show that he would likely be able to meet his rental obligations in the future ( see, 18 NYCRR 370.3 [b] [5]), or even that an emergency grant of rental assistance, limited as such a grant would be to four months of arrears ( see, Social Services Law § 303 [m]), would eliminate the two-year arrearage to which the eviction proceedings against him are attributable.
Concur — Nardelli, J.P., Wallach, Tom and Andrias, JJ.