Article 78 appeal to gain succession right to public housing denied
Matter of Anthony Jackson v New York City Housing Authority
Petitioner, Anthony Jackson, commenced this Article 78 appeal against the New York City Housing Authority (NYCHA) to gain succession rights to the public housing apartment formerly leased to his deceased mother.
Petitioner argues that the decision was arbitrary and capricious because the building manager failed to act on his mother’s request to add him to the lease in 1993. He also contends that the NYCHA knew about and implicitly approved his residency when they took no preventative action against him. NYCHA opposes with the argument that even if the Management Office had considered Ms. Jackson’s permission request, Petitioner would still have been found ineligible for occupancy because he did not reside in the apartment for at least one year prior to his mother’s death. Additionally, NYCHA explains that Petitioner was deemed ineligible for public housing due to prior violent criminal convictions.
Since the rules and regulations concerning succession rights support the agency’s determination that Petitioner was ineligible for public housing because of his criminal record and the decision of the NYCHA was neither arbitrary nor capricious, the Court must uphold the decision.
Accordingly, the Court denied and dismissed the petition.
