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IN THE MATTER OF CANALES v. HERNANDEZ

13 A.D.3d 263 (2004)

787 N.Y.S.2d 261

In the Matter of CARMEN CANALES, Petitioner v. TINO HERNANDEZ, as Chairman of the New York City Housing Authority, et al., Respondents.

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

December 21, 2004.

The determination is supported by substantial evidence and is not arbitrary or capricious. Although the evidence indicates petitioner's son does have a "handicap" as defined under the Fair Housing Amendments Act of 1988 (cf. Johnson v Maynard, 2003 WL 548754, *1, 2003 US Dist LEXIS 2676, *2 [SD NY, Feb. 25, 2003], involving employment accommodations under the Americans with Disabilities Act), such status does not require the Housing Authority to provide him with residential...

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