McFARLANE v. NEW YORK CITY HOUSING AUTHORITY

IA PART 16

Before the Court are two Article 78 proceedings consolidated herein for disposition: McFarlane v. New York City Housing Authority (NYCHA), Index No. 119226/02 and Hayes v. Hernandez, as Chairman of NYCHA, Index No. 400105/03. The proceedings involve the same issue in virtually identical contexts; namely, whether NYCHA’s denial of petitioner’s request for remaining family member status was arbitrary and capricious in that it was based solely on the rigid application of the policy requiring tenants to obtain written consent before adding family members to the household, without regard to the significant mitigating circumstances and relevant facts of each individual case. The issue is of particular significance in light of the July 31, 2003 holding by the Appellate Division, First Department, that the written consent requirement is a valid policy which accommodates federal law. Abdil v. Martinez, as Chairman of NYCHA, 2003 NY Slip Op. 16261. However, for the reasons discussed below, the Abdil decision does not preclude this Court’s finding in favor of the petitioners herein, but instead supports it.