McLeon v. NYCHA Hope Gardens
Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Housing Authority, sued herein as NYCHA Hope Gardens, dated July 12, 2005, which, after a hearing, denied the petitioners’ grievances seeking to establish their status as “remaining family members” with succession rights to the tenancy of a deceased relative, the appeal is from a judgment of the Supreme Court, Kings County (Bayne, J.), entered June 28, 2006, which, in effect, granted the petition insofar as asserted by Tyefia McLeon and annulled so much of the determination as denied the grievance of Tyefia McLeon.
Ordered that the judgment is reversed, on the law, without costs or disbursements, so much of the determination as denied the grievance of the petitioner Tyefia McLeon seeking to establish her status as a “remaining family member” is confirmed, the petition insofar as asserted by Tyefia McLeon is denied, and the proceeding insofar as commenced by Tyefia McLeon is dismissed on the merits.
During the administrative hearing before the New York City Housing Authority, sued herein as NYCHA Hope Gardens (hereinafter the Housing Authority), evidence was adduced demonstrating that the petitioner Tyefia McLeon (hereinafter the petitioner) failed to obtain the project management’s written permission to reside in the subject apartment while the tenant of record was still alive. Moreover, there was no indication that the Housing Authority was actually aware of the petitioner’s residency and implicitly approved it prior to the death of the tenant of record (see Matter of New York City Hous. Auth. Hammel Houses v. Newman, 39 AD3d 759 [2007]; Matter of McFarlane v. New York City Hous. Auth., 9 AD3d 289, 291 [2004]).
In light of our determination, we need not address the Housing Authority’s remaining contentions. Spolzino, J.E, Santucci, Angiolillo and Garni, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.