The DHPD concluded, inter alia, that petitioner was not entitled to succession of the subject apartment after the death of her grandfather, Trino Borges, the tenant of record, on the allegation that petitioner did not occupy the premises for two years prior to the demise of Mr. Borges, December 1999 through November 2001, the relevant period.
Defendant Lindsay Park Housing Corporation ("Lindsay Park") is a limited profit housing company. Lindsay Park owns a Mitchell-Lama building located at 54 Boerum Street, Brooklyn, New York. Trino Borges was the tenant/cooperator of Apartment 20G at 54 Boerum Street, Brooklyn, New York ("subject premises"). Mr Borges permanently vacated the subject premises when he passed away on December 30, 2001. Petitioner, Kimberly Oehoing was Mr. Borges' granddaughter.
On or about November 20, 2003, after learning that Mr. Borgas had passed away and that petitioner, his granddaughter, was residing at the subject premises, Lindsay Park notified petitioner that she was not entitled to succession rights for the subject premises, in part, as she did not reside at the subject remises with Mr. Borges for the requisite two-year period prior to his [*2]permanent vacature of the subject premises. The letter further notified petitioner that if she did not vacate the subject premises withing the time period provided, that Lindsay Park would commence a proceeding before DHPD in order to obtain a Certificate of Eviction.
By Notice of Hearing, Notice of Grounds for Eviction and Petition dated December 16, 2003, Lindsay Park commenced a proceeding before DHPD requesting the issuance of a Certificate of Eviction for the subject premises.