HEMAP - reasonable prospect - income - anticipated spousal support too speculative
Barzilayev v. PHFA – Cmwtlh. Court – August 17, 2016 – unreported* memorandum decision
Held: PHFA did not err when it decided to not include a speculative, anticipated award of spousal support in the calculation of Homeowner’s monthly income.
We do not review the record to determine if a homeowner’s circumstances “militate toward a grant of emergency assistance”; rather we review only to see if there is substantial evidence to support the necessary findings, or to ensure that an error of law was not committed. Mull v. Pa. Hous. Fin. Agency, 529 A.2d 1185, 1188 (Pa. Cmwlth. 1987). “Substantial evidence has been defined as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Cullins v. Pa. Hous. Fin. Agency, 623 A.2d 951, 953 (Pa. Cmwlth. 1993). To prove abuse of discretion, “the petitioner must persuade us that the fact finder capriciously and arbitrarily disregarded evidence which one of ordinary intelligence could not possibly challenge or entertain the slightest doubt as to its truth.” Koch v. Pa. Hous. Fin. Agency, 505 A.2d 649, 650-51 (Pa. Cmwlth. 1986) (emphasis added).
*An unreported Commonwealth Court case may not be cited binding precedent but can be cited for its persuasive value. See 210 Pa. Code § 69.414(b) and Pa. R.A.P. 3716
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