Opinion
03-16-2017
In re Maria L. GONZALEZ, Petitioner, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.
Maria L. Gonzalez, petitioner pro se. David I. Farber, New York (Laura R. Bellrose of counsel), for respondent.
Maria L. Gonzalez, petitioner pro se.
David I. Farber, New York (Laura R. Bellrose of counsel), for respondent.
Determination of respondent, dated May 29, 2013, which denied petitioner succession rights as a remaining family member to the tenancy of her late grandmother, 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 [Alice Schlesinger, J.], entered September 5, 2014), dismissed, without costs.
Substantial evidence supports the determination that petitioner is not entitled to succession rights as a remaining family member (see generally 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] ). In February 2009, petitioner's grandmother requested permission for petitioner to permanently reside in the apartment. Petitioner's grandmother passed away one month later. Even if the request had been immediately granted, petitioner would still not have met the requirement that she continuously reside in the apartment, with respondent's written consent, for at least one year prior to the tenant of record's death, to entitle her to succession rights (see Matter of Ortiz v. Rhea, 127 A.D.3d 665, 8 N.Y.S.3d 188 [1st Dept.2015] ; Matter of Saad v. New York City Hous. Auth., 105 A.D.3d 672, 964 N.Y.S.2d 136 [1st Dept.2013] ). The mitigating circumstances cited by petitioner do not provide a basis for annulling respondent's determination (see Matter of Featherstone v. Franco, 95 N.Y.2d 550, 554–555, 720 N.Y.S.2d 93, 742 N.E.2d 607 [2000] ; Matter of Firpi v. New York City Hous. Auth., 107 A.D.3d 523, 524, 967 N.Y.S.2d 352 [1st Dept.2013] ). Nor may estoppel be invoked against a governmental agency, such as respondent (id. at 524, 967 N.Y.S.2d 352 ).
We have considered petitioner's remaining arguments, including that she is entitled to a new hearing, and find them unavailing.
RENWICK, J.P., RICHTER, MAZZARELLI, MANZANET–DANIELS, FEINMAN, JJ., concur.