City owned building. City owned building. "City owned building" shall mean any building owned by the City of New York and assigned to HPD for management, including a building participating in the Tenant Interim Lease Program.
DHHD. [Repealed.]
Disabled Person. "Disabled person" shall mean a person who has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling, or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which substantially limit one or more of such person's life activities.
DPM. [Repealed.]
Family Member. "Family member" shall mean:
(1) A husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law of a tenant;
(2) Any other person residing with the tenant in the apartment as a primary residence, who can prove emotional and financial commitment, and interdependence between such person and the tenant. Although no single factor shall be determinative, evidence which is to be considered in determining whether such emotional and financial commitment and interdependence existed may include, without limitation, such factors as listed below. In no event is evidence of a sexual relationship between such persons to be required or considered.
(A) longevity of the relationship;
(B) sharing of or relying upon each other for payment of household or family expenses, and/or other common necessities of life;
(C) intermingling of finances as evidenced by, among other things, joint ownership of bank accounts, personal and real property, credit cards, loan obligations, sharing a household budget for purposes of receiving government benefits, etc.;
(D) engaging in family-type activities by jointly attending family functions, holidays and celebrations, social and recreational activities, etc.;
(E) formalizing of legal obligations, intentions, and responsibilities to each other by such means as executing wills naming each other as executor and/or beneficiary, granting each other a power of attorney and/or conferring upon each other authority to make health care decisions each for the other, entering into a personal relationship contract, making a domestic partnership declaration, or serving as a representative payee for purposes of public benefits, etc.;
(F) holding themselves out as family members to other family members, friends, members of the community or religious institutions, or society in general, through their words or actions;
(G) regularly performing family functions, such as caring for each other or each other's extended family members, and/or relying upon each other for daily family services;
(H) engaging in other patterns of behavior or other action which evidences the intention of creating a long-term, emotionally-committed relationship.
HPD. "HPD" shall mean the New York City Department of Housing Preservation and Development or any successor agency.
Occupant. "Occupant" shall mean a person occupying an apartment, other than a tenant.
Occupied building. "Occupied building" shall mean a City owned building, occupied by tenants.
Senior Citizen. "Senior Citizen" shall mean a person who is sixty-two years of age or older.
Tenant. "Tenant" shall mean an HPD authorized residential tenant of record. Occupants such as squatters and licensees are not tenants of record.
Unacceptable activity. "Unacceptable activity" shall include, but not be limited to, drug trafficking, prostitution, unlawful possession of a firearm, organized gambling, attacking or threatening other residents of a building or employees, contractors or agents of HPD, damaging or defacing any portion of a building, generating excessive traffic of people or materials in and out of a building, generating loud noise which is disturbing to other residents or engaging in any activity which constitutes a nuisance, or creates a hazard to other tenants of the building.
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