Nagy v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Nagy v. New York City Housing Authority

187 A.D.2d 318, 589 N.Y.S.2d 447, 1992 N.Y. App. Div. LEXIS 12826

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 10, 1992

StatusPublished

This text of 187 A.D.2d 318 (Nagy v. New York City Housing Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nagy v. New York City Housing Authority, 187 A.D.2d 318, 589 N.Y.S.2d 447, 1992 N.Y. App. Div. LEXIS 12826 (N.Y. Ct. App. 1992).

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Opinion

Judgment, Supreme Court, New York County (Edith Miller, J.), entered February 18, 1992, which, in a proceeding pursuant to CPLR article 78, denied petitioner’s application to annul respondent’s determination denying his application for a public housing unit, unanimously affirmed, without costs.

Respondent was not arbitrary and capricious in denying petitioner’s application for public housing on the basis of petitioner’s admission that he had been recently evicted from his apartment in Indiana for nonpayment of rent and was behind in his rent for his current apartment. Indeed, in furtherance of Federal and State policy to remedy the shortage of decent housing for low-income families (42 USC § 1437; Public Housing Law §2), respondent is required by law to establish "satisfactory procedures designed to assure the prompt payment and collection of rents” (42 USC § 1437d [c] [4] [B]), and to investigate "[a]n applicant’s past performance in meeting financial obligations, especially rent” (24 CFR 960.205 [b] [1]). We have considered petitioner’s remaining contentions and find them to be without merit. Concur— Carro, J. P., Ellerin, Asch and Rubin, JJ.

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Judgment, Supreme Court, New York County (Edith Miller, J.), entered February 18, 1992, which, in a proceeding pursuant to CPLR article 78, denied petitioner’s application to annul respondent’s determination denying his application for a public housing unit, unanimously affirmed, without costs.

Respondent was not arbitrary and capricious in denying petitioner’s application for public housing on the basis of petitioner’s admission that he had been recently evicted from his apartment in Indiana for nonpayment of rent and was behind in his rent for his current apartment. Indeed, in furtherance of Federal and State policy to remedy the shortage of decent housing for low-income families (42 USC § 1437; Public Housing Law §2), respondent is required by law to establish "satisfactory procedures designed to assure the prompt payment and collection of rents” (42 USC § 1437d [c] [4] [B]), and to investigate "[a]n applicant’s past performance in meeting financial obligations, especially rent” (24 CFR 960.205 [b] [1]). We have considered petitioner’s remaining contentions and find them to be without merit. Concur— Carro, J. P., Ellerin, Asch and Rubin, JJ.

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Bluebook (online)

187 A.D.2d 318, 589 N.Y.S.2d 447, 1992 N.Y. App. Div. LEXIS 12826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nagy-v-new-york-city-housing-authority-nyappdiv-1992.

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