Opinion
9443 SCI 100260/17
05-28-2019
In re J. Phinias ANTONOFFSKY, Petitioner, v. Maria TORRES–SPRINGER, etc., Respondent.
William E. Leavitt, New York, for petitioner. Zachary W. Carter, Corporation Counsel, New York (Anna B. Wolonciej of counsel), for respondent.
William E. Leavitt, New York, for petitioner.
Zachary W. Carter, Corporation Counsel, New York (Anna B. Wolonciej of counsel), for respondent.
Sweeny, J.P., Richter, Kapnick, Oing, Singh, JJ.
Determination of respondent, dated November 3, 2016, which, after a hearing, denied petitioner's request for accommodations in lieu of termination from respondent's Section 8 rent subsidy program, unanimously confirmed, the petition denied and this proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Nancy M. Bannon, J.], entered on or about April 25, 2018), dismissed, without costs.
Substantial evidence supports the finding that the petitioner's proposed accommodations, periodic drug testing and drug inspections, would be unduly burdensome, requiring a fundamental change to a housing agency that does not employ health care or law enforcement personnel (see 300 Gramatan Ave. Assocs. v. State Div. of Human Rights , 45 N.Y.2d 176, 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ; Moore v. New York City Hous. Auth. , 134 A.D.3d 493, 494, 19 N.Y.S.3d 895 [1st Dept. 2015] ).
We have considered petitioner's remaining arguments and find them unavailing.