MATTER OF BASHMET v. HERNANDEZ

5255, 104836/09

87 A.D.3d 866 (2011)

929 N.Y.S.2d 190

2011 NY Slip Op 6399

In the Matter of MIKHAIL BASHMET, Appellant, v. TINO HERNANDEZ, as Chairman of the New York City Housing Authority, Respondent.

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

Decided September 1, 2011.


NYCHA's determination that petitioner does not qualify for RFM status has a rational basis and is not affected by an error of law (see CPLR 7803 [3]). NYCHA occupancy standards do not permit an additional person, not part of a domestic union, to join a household in a one-bedroom apartment. Thus, even if management had given the tenant the relevant form to request permission for petitioner's residence, such request would nonetheless have been denied based on the occupancy...

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