Opinion
2016–07816 Index No. 14030/15
12-26-2018
In the Matter of David CINTRON, Respondent, v. Shola OLATOYE, etc., et al., Appellants.
David I. Farber, New York, N.Y. (Nancy M. Harnett and Seth E. Kramer of counsel), for appellants. Brooklyn Legal Services Corp. A, Brooklyn, N.Y. (Martin S. Needelman and Janna Levin of counsel), for respondent.
David I. Farber, New York, N.Y. (Nancy M. Harnett and Seth E. Kramer of counsel), for appellants.
Brooklyn Legal Services Corp. A, Brooklyn, N.Y. (Martin S. Needelman and Janna Levin of counsel), for respondent.
REINALDO E. RIVERA, J.P., JOHN M. LEVENTHAL, SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
ORDERED that the judgment is reversed, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.
In this proceeding pursuant to CPLR article 78, the petitioner sought review of the denial of a grievance wherein he challenged the denial of his claim to succession rights to his deceased mother's apartment as a member of her family. The judgment appealed from granted the petition and, in effect, annulled the determination denying the grievance and thereupon sustained the grievance.
The determination denying the petitioner's grievance had a rational basis. The evidence adduced at the administrative hearing demonstrated that the New York City Housing Authority (hereinafter NYCHA) never granted the petitioner written permission to reside in the apartment of his mother, who was the tenant of record until her death (see Matter of Aponte v. Olatoye, 30 N.Y.3d 693, 697, 70 N.Y.S.3d 904, 94 N.E.3d 466 ; Matter of Blas v. Olatoye, 161 A.D.3d 562, 78 N.Y.S.3d 15 ). "Under its rules, NYCHA could not have granted [the petitioner] permanent permission to reside in his mother's apartment, and thus could not have granted his request for [remaining family member] status" ( Matter of Aponte v. Olatoye, 30 N.Y.3d at 698, 70 N.Y.S.3d 904, 94 N.E.3d 466 ).
Further, the petitioner's mother did not list the petitioner's income on any of the affidavits of income that she filed with respect to the apartment. This constitutes an additional rational basis for the denial of the petitioner's claim for status as a remaining family member (see Matter of Blas v. Olatoye, 161 A.D.3d 562, 78 N.Y.S.3d 15 ).
The petitioner lacks standing to claim that the denial of permission for him to reside in the apartment as a permanent resident deprived his mother of a reasonable accommodation for her disability (see id. ). In any event, the record shows that his mother effectively received the accommodation to which she would have been entitled because the petitioner was effectively given temporary residency status (see id. ).
Accordingly, the petition should have been denied, and the proceeding dismissed on the merits.
RIVERA, J.P., LEVENTHAL, HINDS–RADIX and BRATHWAITE NELSON, JJ., concur.