From Casetext: Smarter Legal Research

Jamison v. New York City Housing Authority-Lincoln Houses

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 2006
25 A.D.3d 501 (N.Y. App. Div. 2006)

Summary

In Jamison v N.Y. City Hous. Auth., 25 AD3d 501, 502 [1st Dept 2006], the court held that "petitioner's application for `remaining family member' status on the ground that written permission had not been obtained for her occupancy in the apartment, is neither arbitrary nor capricious... Respondent never gave the tenant of record written permission for petitioner to join his household, and petitioner admitted that no such permission was ever obtained from project management for her to reside in the subject apartment.

Summary of this case from In re Appl. of Hernandez v. N.Y.C. Hous. Auth.

Opinion

7705.

January 26, 2006.

Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered October 27, 2004, denying the petition and dismissing this proceeding, unanimously affirmed, without costs.

Eva M. Jamison, appellant pro se.

Ricardo Elias Morales, New York (A. Joaquin Yordan of counsel), for respondent.

Before: Mazzarelli, J.P., Saxe, Nardelli, Sweeny and McGuire, JJ., concur.


The challenged administrative determination, which denied petitioner's application for "remaining family member" status on the ground that written permission had not been obtained for her occupancy in the apartment, is neither arbitrary nor capricious ( see Matter of McFarlane v. New York City Hous. Auth., 9 AD3d 289; Matter of Abdil v. Martinez, 307 AD2d 238). Petitioner does not qualify as a remaining family member because she did not enter the apartment lawfully. Respondent never gave the tenant of record written permission for petitioner to join his household, and petitioner admitted that no such permission was ever obtained from project management for her to reside in the subject apartment. The fact that no written permission was ever obtained was further corroborated by the tenant's annual income affidavits for the years petitioner allegedly lived in the apartment, in which he listed no occupants of the apartment other than himself, and by the testimony of the Housing Assistant that prior to the tenant's death, he had never requested that anyone join his household. Nor was there any reference to petitioner in the tenant's file while he was alive. The record affords no basis for relieving petitioner of the written notice requirement, since she failed to establish that respondent knew or implicitly approved of her permanent residency in the apartment ( see McFarlane, 9 AD3d at 291).

We have considered petitioner's remaining arguments and find them without merit.


Summaries of

Jamison v. New York City Housing Authority-Lincoln Houses

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 2006
25 A.D.3d 501 (N.Y. App. Div. 2006)

In Jamison v N.Y. City Hous. Auth., 25 AD3d 501, 502 [1st Dept 2006], the court held that "petitioner's application for `remaining family member' status on the ground that written permission had not been obtained for her occupancy in the apartment, is neither arbitrary nor capricious... Respondent never gave the tenant of record written permission for petitioner to join his household, and petitioner admitted that no such permission was ever obtained from project management for her to reside in the subject apartment.

Summary of this case from In re Appl. of Hernandez v. N.Y.C. Hous. Auth.
Case details for

Jamison v. New York City Housing Authority-Lincoln Houses

Case Details

Full title:EVA JAMISON, Appellant, v. NEW YORK CITY HOUSING AUTHORITY-LINCOLN HOUSES…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 26, 2006

Citations

25 A.D.3d 501 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 458
809 N.Y.S.2d 14

Citing Cases

Schwartz v. N.Y.C. Hous. Auth.

She points to Matter of McFarlane v New York City Hous. Auth., 9 AD3d 289 (1st Dept. 2004), in which the…

Rodriguez v. Hernandez

Before: Gonzalez, J.P., Catterson, McGuire and Moskowitz, JJ. Respondents' determination that petitioner was…