Case Type

Article 78

Housing Type

Mitchell-Lama

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

159932/2023

Slip Opinion Number

NY Slip Op 30875(U)

Petitioner

Stacey Hines

Respondent

New York City Department of Housing Preservation & Development, Pratt Towers, Inc.

Judge

Bluth, Arlene P.

Decision/Order Date

2024-03-18

Posture

Other

Disposition

Case Dismissed/discontinued

Winner

Other

Synopsis

Petitioner sought to annul an HPD determination denying his request for an internal transfer to a two-bedroom Mitchell-Lama apartment, citing his need for accommodation due to epilepsy. Despite providing documentation showing his niece's residency, HPD based its denial on conflicting addresses and lack of verification. The court, applying the rational basis standard, upheld HPD's decision, noting the absence of conclusive evidence regarding the niece's residency and the management's inability to confirm her regular presence. The court dismissed the petition, emphasizing its limited role to assess the rationality of HPD's determination.

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