Opinion
2013-04593, Index No. 16125/12.
2015-04-29
In the Matter of Nathaniel MACK, appellant, v. NYCHA RED HOOK WEST HOUSES, respondent.
Nathaniel Mack, Brooklyn, N.Y., appellant pro se. Kelly D. MacNeal, New York, N.Y. (Dorina L. Leske and Laura R. Bellrose of counsel), for respondent.
Nathaniel Mack, Brooklyn, N.Y., appellant pro se. Kelly D. MacNeal, New York, N.Y. (Dorina L. Leske and Laura R. Bellrose of counsel), for respondent.
Proceeding pursuant to CPLR article 78 to review a determination of the New York City Housing Authority, dated July 11, 2012, which adopted the recommendation of a hearing officer dated June 8, 2012, made after a hearing, finding that the petitioner was ineligible to continue his occupancy of an apartment in a public housing development on the ground of, inter alia, nondesirability, and terminated his tenancy.
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.
Review of an administrative determination made after a trial-type hearing directed by law is limited to whether the determination is supported by substantial evidence ( see Matter of Jennings v. New York State Off. of Mental Health, 90 N.Y.2d 227, 239, 660 N.Y.S.2d 352, 682 N.E.2d 953; Matter of Harrison v. Palumbo, 122 A.D.3d 634, 635, 996 N.Y.S.2d 98). Here, substantial evidence was adduced at the hearing to support the conclusion of the New York City Housing Authority that the petitioner engaged in “drug related criminal activity” in violationof the terms of his tenancy ( see42 U.S.C. §§ 1437d[l][6]; 1437f[d][1][B][iii]; see also 24 C.F.R. 5.858, 247.3[a][3], 966.4[f][12][i][B]; Matter of Bond v. Howard Houses [NYCHA], 89 A.D.3d 730, 931 N.Y.S.2d 911; Matter of Morales v. Department of Hous. Preserv. and Dev., 83 A.D.3d 1075, 923 N.Y.S.2d 563; Matter of Brown v. New York City Hous. Auth., 27 A.D.3d 733, 734, 812 N.Y.S.2d 135). The imposed penalty of termination of the petitioner's lease was not so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness ( see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale and Mamaroneck, Westchester County, 34 N.Y.2d 222, 233, 356 N.Y.S.2d 833, 313 N.E.2d 321; Matter of Smith v. Tuckahoe Hous. Auth., 111 A.D.3d 642, 643, 973 N.Y.S.2d 804; Matter of Bond v. Howard Houses [NYCHA], 89 A.D.3d at 730–731, 931 N.Y.S.2d 911).