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Landlord & Tenant

Denial of Remaining Family Member Status Upheld

Matter of Aponte v. Olatoye
NYLJ 2/16/18, p. 25, col. 4., Court of Appeals
(Opinion by Wilson, J; concurring opinion by Rivera, J.)

In an article 78 proceeding brought by tenant's son challenging the New York City Housing Authority's denial of his application for “remaining family member” (RFM) status, the Housing Authority appealed from the Appellate Division's reversal of Supreme Court's denial of the petition. The Court of Appeals reversed and reinstated the denial, holding that the Authority's denial was not arbitrary or capricious, and that the son had not properly raised anti-discrimination claims at the administrative hearing.

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