Matter of Andux v. NYC Housing Authority
NEW YORK COUNTY
Justice Arlene Bluth
Andux challenged a decision by New York City's Housing Authority upholding a hearing officer's decision denying him remaining family member claim to his grandmother's apartment. The hearing officer found Andux failed to establish he was an original family member in continuous occupancy of the premises until the tenant of record died, or that he resided there with management's written permission for at least one year before his grandmother died. The court noted the city disapproved decedent's request to add Andux permanently to her household, stating even if the request was approved, Andux would still not be entitled to remaining family member status as he would not have had one year of authorized occupancy. It also stated it lacked authority to consider any mitigating circumstances, or potential hardship as a basis for annulling the city's determination. Further, the court stated to the extent Andux argued his grandmother intended to leave the unit to him, it ruled public housing apartments are not private property, thus could not be bequeathed or transferred. Hence, as the city's decision denying Andux remaining family member status was rational, his Article 78 petition was denied and dismissed.