On or about March 13, 2004, an administrative hearing was held by DHPD to determine whether a Certificate of Eviction should be issued for the subject premises.
At the hearing, petitioner testified that she moved into the subject premises in August 1999 in order to care for Mr. Borges as he was ill, and that she continued to reside there up to and after his death on December 30, 2001. In support of her claim of
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residency, petitioner submitted a letter dated August 23, 2001, signed by her grandfather
requesting that petitioner be added to his lease and a 2001 income tax return which was completed on April 11, 2002, 4 months after Mr. Borges' death. Petitioner also attempted to introduce a pool pass issued for 54 Boerum Street, Brooklyn, New York. However, it was not introduced into evidence as Lindsay Park objected to its relevance as the pool pass was issued in 2002, after Mr. Borges had permanently vacated the subject premises.
Petitioner's mother, testified at the hearing that petitioner moved into the subject premises in late 1998/1999 and continued to reside there after Mr. Borges passed away.
Lindsay Park introduced income affidavits for the subject premises for the years of 1997 through 2001 into evidence. Petitioner was on the 1999 income affidavit, but failed to appear on the 2000 income affidavit.
Lindsay Park also introduced an investigation report which listed five addresses for petitioner for the years 1994 through 2000 and the subject premises was not listed.