Appellate Division of the Supreme Court of the State of New York December 15, 2011 (Gottlieb v. New York State Division of Housing & Community Renewal)

Petitioner did not submit income affidavits or a notice of change demonstrating that he lived in the subject apartment with his father for two years preceding his father’s death in March 1994. To the contrary, the income affidavit that he submitted for 1992 notes that he began residing in the apartment “as of 10/1/92” — less than two years before his father died.