Rahjou v. Rhea
Cases that cite this one
4 later published cases cite this decision.
- Matter of Porter v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2019)
- Matter of Figueroa v. Rhea (Appellate Division of the Supreme Court of New York 2014)
- Gonzalez v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2013)
- Gonzalez v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Regardless of whether this proceeding was properly transferred to this Court (see CPLR 7804 [g]), we retain jurisdiction of it in the interest of judicial economy (see Matter of Sexton v Kelly, 95 AD3d 544 [1st Dept 2012]).
Petitioners failed to demonstrate that the tenant of record received written consent for them to reside in the subject apartment and that they were authorized occupants of the apartment for a one-year period before the tenant of record’s death. Thus, respondent’s decision to deny petitioners remaining family member status was not arbitrary and capricious (see Matter of Adler v New York City Hous. Auth., 95 AD3d 694 [1st Dept 2012]). Even if respondent apparently acquiesced in petitioners’ residency in the apartment, he is not estopped from denying them remaining family member status (see Matter of Schorr v New York City Dept. of Hous. Preserv. & Dev., 10 NY3d 776, 779 [2008]).
The hearing officer correctly concluded that petitioners lack standing to argue that they are exempt from respondent’s remaining family member policy because respondent failed to
We have considered petitioners’ remaining arguments and find them unavailing. Concur — Saxe, J.P., Friedman, Acosta, Renwick and Freedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.