MOTION DATE 6-12-13
TANYA R. KENNEDY Justice
The following papers, numbered 1 to _ were read on this petition to/for Art. 78.
Notice of Motion/ Order to Show Cause Affidavits Exhibits ...
Answering Affidavits — Exhibits_ cross motion.....2
Cross-Motion: Yes X No
Petitioner, who is self-represented, commenced this Article 78 proceeding to challenge respondent's determination denying his remaining-family-member grievance. For the reasons set forth below, the petition is denied and the proceeding is dismissed.
Petitioner's mother was the tenant of record at the New York City Housing Authority (NYCHA) Polo Grounds Tower Houses, 2979 Eighth Avenue, Apartment 20F, New York, New York 10039. Petitioner was born into the household and resided there until 2006 when he moved to another residence in New Rochelle, New York.
Although petitioner maintains that he returned to his mother's apartment in late 2007 due to her declining health and continued to reside there following her death in July 2009, he was not identified as an occupant on his mother's annual affidavits of income and family composition from 2007 through 2009. Rather, petitioner was identified an emergency contact on his mother's 2007 and 2008 income affidavits, which listed the New Rochelle, New York address. Sometime in 2009, petitioner's mother met with the Polo Grounds Housing Assistant and Assistant Manager, Eugenia Mickens, and obtained a Permanent Permission Request form for petitioner to re-join the household. However, petitioner's mother never signed and returned the form to management prior to her death.
Respondent notified petitioner in June 2010 that he was occupying his mother's apartment without a lease and that he may pursue a remaining-family-member grievance. Petitioner initiated a remaining-family-member grievance, which the Property Manager denied on April 6, 2011 because management did not receive a request or grant permission for petitioner to re-join the household. On June 1, 2011, petitioner met with the Borough Manager who, on June 9, 2011, upheld the Property Manager's decision, finding that the tenant of record did not request and that management did not grant him permanent permission to re-join the household; that petitioner's criminal background rendered him ineligible to reside in public housing; and that use and occupancy was not current.
Thereafter, an administrative hearing was held before Hearing Officer Ester Tominic-Hines on October 20, 2011, February 15, 2012 and March 28, 2012, in which petitioner, the Polo Grounds Housing Assistant and Assistant Manger, Eugenia Mickens, and the Resident Services Associate, Dianne Munroe, testified and submitted documentary evidence. On April 27, 2012, the Hearing Officer issued a decision denying the grievance, finding that petitioner was not a remaining-family-member as defined by NYCHA guidelines and that he had not resided in the apartment with management permission for one year prior to his mother's death as ...