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IN THE MATTER OF TELLERIA v. NEW YORK CITY HOUSING AUTHORITY

4 A.D.3d 312 (2004)

771 N.Y.S.2d 667

In the Matter of JOANNE TELLERIA, Appellant, v. NEW YORK CITY HOUSING AUTHORITY et al., Respondents, et al., Respondent.

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

February 26, 2004.

Petitioner was unable to avail herself of the opportunity to demonstrate that her son would not be returning to reside in her household upon his release from prison, where he was serving a sentence for a felony conviction. This rendered her ineligible for "Section 8" housing benefits. Since respondent's determination was rationally based, and was not arbitrary and capricious, it cannot be judicially disturbed (see Flacke v Onondaga...

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