Opinion
June 10, 1999.
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
Since plaintiff resides in housing provided by a voluntary supported independent living program, under a sublease that will allow her to remain for an indefinite period of time, a rational basis exists for the finding that she is living in "permanent", as opposed to "transitional", housing within the meaning of the Stewart B. McKinney Homeless Assistance Act ( 42 U.S.C. § 11301 et seq.), and therefore is not entitled to a Federal preference for public housing ( see, 24 C.F.R. former 960.212, 960.213 [a] [2]). We have considered plaintiff's other arguments and find them to be unpersuasive.
Concur — Mazzarelli, J.P., Rubin, Andrias and Saxe, JJ.