Rentas v. New York City Housing Authority

282 A.D.2d 215, 722 N.Y.S.2d 241, 2001 N.Y. App. Div. LEXIS 3405

Opinion

—Determination of respondent New York City Housing Authority, dated July 13, 1998, which denied petitioner’s grievance of respondent’s decision that petitioner does not qualify as a remaining family member entitled to succeed to the subject public housing apartment previously leased to her half-sister, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Barbara Kapnick, J.], entered April 13, 1999), dismissed, without costs.

Upon review of the record, we find that there was substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 180) to support respondent’s determination that petitioner was not entitled to succeed to the lease as a remaining family member. Petitioner never obtained written approval from the project management to become a permanent member of the then authorized tenant family (see, NY City Hous Auth Mgt Manual ch VII [E] [1] [a], [d]; Matter of Powell v Franco, 276 AD2d 430, 430-431; Matter of Davis v Franco, 270 AD2d 55, 56). We have considered petitioner’s remaining arguments and find them unavailing. Concur— Nardelli, J. P., Tom, Andrias, Rubin and Saxe, JJ.