Opinion
10-29-2015
In re Mel Alfonso ANDRADE, Petitioner, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.
Mel Alfonso Andrade, petitioner pro se. David I. Farber, New York (Seth E. Kramer of counsel), for respondent.
Mel Alfonso Andrade, petitioner pro se.
David I. Farber, New York (Seth E. Kramer of counsel), for respondent.
Opinion Determination of respondent New York City Housing Authority, dated March 7, 2014, which, after a hearing, denied petitioner's remaining family member grievance, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Michael D. Stallman, J.], entered September 16, 2014), dismissed, without costs.
Respondent's determination has a rational basis and is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180–182, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). Petitioner never obtained respondent's written consent to his occupancy of his mother's apartment (see Matter of Ortiz v. Rhea, 127 A.D.3d 665, 666, 8 N.Y.S.3d 188 [1st Dept.2015] ). Even if respondent was aware that petitioner was living in the apartment to care for his mother, respondent may not be estopped from denying petitioner's grievance (see id. ). Nor do petitioner's alleged mitigating factors provide a basis for annulling respondent's determination (id. ). Petitioner may not “inherit” the public housing apartment (see Matter of Dancil v. New York City Hous. Auth., 123 A.D.3d 442, 442, 998 N.Y.S.2d 328 [1st Dept.2014] ).
We have considered petitioner's remaining contentions and find them unavailing.
GONZALEZ, P.J., FRIEDMAN, GISCHE, KAPNICK, JJ., concur.