The courts are closed on this election day, but the law office is open and so we're posting a case.

Housing matters.

The First Department upheld the City agency's granting of a certificate of eviction on the ground that the apartment at issue was not petitioner-tenant's primary residence, in Kaufman v. New York City Housing Preservation and Development, which was decided on November 1, 2007. The court found in the record the requisite substantial evidence, including petitioner's failure to file income statements, hearing testimony, albeit largely hearsay, and petitioner's failure to testify on her own behalf. The court also noted that the issue of succession rights was not raised at the administrative level and so was not properly before the court as a matter for judicial review.