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MATTER OF RICHBURG v. FRANCO

260 A.D.2d 278 (1999)

686 N.Y.S.2d 707

In the Matter of CELESTE RICHBURG, Appellant, v. RUBEN FRANCO, as Chair of the New York City Housing Authority, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 22, 1999.

Respondent's determination was not, as alleged, based on a policy of sanctioning tenants who withhold rent for a breach of the warranty of habitability, but rather on a particularized finding that the warranty was not breached. Such finding was not arbitrary and capricious, and the penalty of six months' probation does not shock our sense...

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