Additionally, Lindsay Park introduced two moving slips issued to petitioner for the subject premises. The first moving slip indicated that a hospital bed was removed from the subject premises on either February 21, 2002 or February 22, 2002. The second moving slip indicated that petitioner moved a bedroom set, 20 boxes, a televison, and a small table into the subject premises on February 21, 2002, after Mr. Borges passed away.
By decision dated August 19, 2004, Hearing Officer Helen Levy issued a Certificate of Eviction finding that petitioner "failed to establish that she resided with Mr. Borges as her primary residence for the two years before his death."
Hearing Officer Levy found as follows:
In order to obtain succession rights...an individual must be approved from a waiting list or qualify as a family member who has co-occupied the apartment as a primary
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residence with the tenant of record for two years prior to the vacature of the tenant (28 RCNY 3-02(p)).
The HPD rule in effect prior to February 1, 2003 provided that failure... to appear on the appropriate income affidavits... created a presumption that [the family member] did not reside in the apartment as a primary residence. Family members who had not appeared on the appropriate income [*3]affidavits... were allowed to rebut this presumption by submitting additional documentation to prove co-occupancy with the tenant/cooperator for the relevant time period.
Petitioner's property manager testified that an investigation requested by petitioner revealed various addresses for Ms. Oehling in the years 1994 through 2000, but not the address for the subject apartment.