Opinion
September 17, 1991
Appeal from the Supreme Court, New York County [William J. Davis, J.].
The apartment in dispute, subject to Mitchell-Lama — Private Housing Finance Law article II regulations, was leased to William Ames alone from 1981-1989. Although petitioner moved into the apartment in 1985, he never submitted income certification forms, which would have caused adjustment of the rent. Upon landlord's petition for a Certificate of Eviction alleging Ames' vacatur and an illegal sublet or assignment, tenant of record Ames defaulted. Petitioner contends the determination must be annulled due to the absence of personal knowledge as to the occupancy history of the apartment by landlord's witnesses at the administrative hearing. We find, however, the administrative determination has a rational basis in light of Ames' default, petitioner's failure to answer questions concerning whether Ames resided in the apartment and when he vacated, hearsay evidence that Ames had in fact vacated, and the absence of any right of succession to the apartment on petitioner's part under applicable administrative rules and regulations (Matter of D'Ornellas v. Ortiz, 119 A.D.2d 459, 461; Matter of 125 Bar Corp. v. State Liq. Auth., 24 N.Y.2d 174, 178).
Concur — Rosenberger, J.P., Ellerin, Wallach, Kassal and Rubin, JJ.