Matter of Bien-Aime v. Been

Summary

The Appellate Division, First Department affirmed the denial of a CPLR article 78 petition challenging HPD’s determination that the petitioner had not established primary residence in an apartment for succession rights. The court held that HPD had a rational basis for its determination based on conflicting residency evidence, the petitioner’s tenancy and rent payments for other apartments, and his failure to file a required city income tax return; it also held that no evidentiary hearing was required.

Holdings

1. HPD had a rational basis for concluding that petitioner failed to establish that the subject apartment was his primary residence from 2005 to 2007, and the administrative determination was properly upheld.
2. Petitioner was not entitled to an evidentiary hearing because the regulation governing his succession-rights claim does not provide for one.

Questions Presented

1. Whether HPD had a rational basis to deny petitioner's claim for succession rights because he failed to establish that the subject apartment was his primary residence during the required period.
2. Whether petitioner was entitled to an evidentiary hearing on his succession-rights claim.

Disposition

affirmed