The petitioner has not provided any evidence of the alleged application for non-primary residence, which is therefore rejected. With respect to overcrowding, the only evidence that the apartment was occupied by more than four people, in violation of the Mitchell-Lama Occupancy Rules, 9 NYCRR § 1727-2.8(a), was the defendant tenant`s affidavit from 2016, which listed six members of the household. However, the defendant tenant credentially stated that in 2016 she lived in the apartment only with her husband and daughter Brianna, that she included her grandchildren who, on the instructions of an employee of the petitioner, often came on the budget affidavit and then withdrew it the following year. .
Mitchell Lama Occupancy Agreement