Justice Doris Ling-Cohan
Toussaint sought to reverse the New York City Housing Authority’s (NYCHA) decision to deny his remaining family member grievance. His sister was the tenant of record in the subject apartment, but passed away in December 2010. Toussaint informed NYCHA of same, and sought to remain in the apartment. He was informed he did not qualify for remaining family member status. The decision was upheld by the Borough Manager, and after a hearing, a hearing officer also concluded Toussaint did not qualify, which decision the NYCHA approved. He now sued via an Article 78 proceeding claiming the final determination was arbitrary and capricious. The court disagreed finding, contrary to Toussaint’s claims he lived in the apartment since 2005, that neither he nor his sister received written permission for Toussaint to reside in the premises. Further, the court found all the income affidavits from 2005 through 2010 listed tenant, Toussaint’s sister, as the sole occupant of the apartment. Despite Toussaint’s arguments that NYCHA overlooked his familial relationship with tenant and occupancy in the apartment, he provided no persuasive arguments or evidence to support his petition. Thus, the final decision was found rational, and reversal was denied.
