In Matter of Evans v. Franco (93 N.Y.2d 823, 710 N.E.2d 261 [1999], the petitioner brought a CPLR article 78 proceeding against the respondent New York City Housing Authority (NYCHA) seeking reinstatement of a section 8 tenant-based rent subsidy. Petitioner Louis Evans maintained that he had lived in a "quasi-marital" relationship with a woman who had received a section 8 subsidy for the apartment they purportedly shared. When the woman died, the NYCHA denied Evans' request for continuation of the section 8 subsidy based on the fact that the deceased tenant had never listed Evans on annual certification forms. The NYCHA did not provide Evans with a hearing on his eligibility to succeed to the subsidy. The trial court granted Evans's CPLR article 78 petition and directed the NYCHA to reinstate the subsidy, finding that Evans was entitled to succeed to the subsidy as a remaining nontraditional family member. (Evans v. Franco, NYLJ, Sept. 25, 1996, at 22, col 2 [Sup Ct, NY County 1996].) The Appellate Division reversed the decision of the trial court. In so doing, the appellate court affirmed the lower court's holding that the failure of a family member to be listed on annual certification forms is only one factor to be considered in determining whether that family member is entitled to succeed to the section 8 subsidy, but concluded that the lower court should have directed the NYCHA to hold a hearing. (Evans v. Franco, 246 A.D.2d 377, 378, 668 N.Y.S.2d 26 [1st Dept 1998].) The Court of Appeals reversed the Appellate Division and upheld the NYCHA's decision to deny Evans the section 8 subsidy without conducting a hearing. (Evans v. Franco, 93 N.Y.2d at 823.) The Court noted that federal regulations require section 8 tenants to request approval from the NYCHA to add a family member as an occupant of their apartment, and that no other person may reside in the unit. The Court then held that "[g]iven the 13 unequivocal annual statements by the deceased that she lived in the apartment alone, there is no basis on this record to conclude that petitioner is a family member or that a hearing is necessary to confirm his status." (Evans v. Franco, 93 N.Y.2d at 825.)