Matter of Anne Baldwin v Tino Hernandez, as Chairman and Member of the NYC Housing Authority

Petitioner brought about this Article 78 proceeding to review a determination from the New York City Housing Authority that permanently excluded her son from her public housing apartment.

The reasons behind the Housing Authority’s condition that petitioner may continue tenancy on exclusion of her son for non-desirability were supported by substantial evidence, and not arbitrary and capricious. Petitioner’s son pleaded guilty to assault, threatening two Housing Authority employees, and harassing a former supervisor. These instances all supported the Housing Authority’s decision showing that the exclusion was appropriate and not shocking to the conscience.

Accordingly, the Supreme Court confirmed the determination, denied the petition, and dismissed the proceeding.

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