MATTER OF MILLER v. NEW YORK CITY HOUSING AUTHORITY


279 A.D.2d 349 (2001)

718 N.Y.S.2d 849

In the Matter of RONALD MILLER, Petitioner, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided January 18, 2001.


Under the circumstances presented, we find that respondent's determination that petitioner was not entitled to "remaining tenant" status was irrational. Among other things, we note that, petitioner's ten-year presence in the apartment had not been covert and respondent had affirmatively indicated its willingness to permit petitioner's continued occupancy subject to a criminal background check. It appears that the only significant reason given by the project manager for a...

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