IN RE: Leah JACOBOWITZ (2008)

Determination of respondent, dated August 10, 2005, which, after an administrative hearing, denied petitioner's claim to succession to a public housing lease, unanimously confirmed, the petition denied, and this proceeding (transferred to this Court by order of Supreme Court, New York County [Sheila Abdus-Salaam, J.], entered October 6, 2006), dismissed, without costs.

The challenged determination, which denied petitioner's grievance for failure to demonstrate her continuous occupancy until the previous tenants of record (her parents) vacated their leasehold, was supported by substantial evidence (300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ) and is rationally based (Matter of Jennings v. New York State Off. of Mental Health, 90 N.Y.2d 227, 239-240, 660 N.Y.S.2d 352, 682 N.E.2d 953 [1997] ).   Although petitioner was a member of the original tenant family, there are no affidavits of income or family composition, as required by NYCHA policy and governing regulation (see 24 CFR 960.257[a] ), for the years 2000-2003, listing her as an occupant of these premises.   Petitioner's documentary evidence attested only to at best sporadic occupancy during the period in question.   The testimony by NYCHA officials working at the public housing development formerly occupied by petitioner and her family, credited by the hearing officer, strongly indicated that the family vacated the premises before surrendering their leasehold.