King v. New York City Housing Authority

Summary

The court unanimously confirmed NYCHA’s determination denying the petitioner succession rights as a remaining family member to her late mother’s tenancy. The court held that substantial evidence supported NYCHA’s determination, rejected the petitioner’s unpreserved federal-law argument and mitigating-circumstances claim, and declined to apply estoppel against the governmental agency.

Holdings

1. Substantial evidence supported NYCHA's determination that petitioner was not entitled to succession rights as a remaining family member because her occupancy was not pursuant to NYCHA's written authority and was not reflected in the affidavits of income.
2. Petitioner's mitigating circumstances, including hardship to her and her family, did not provide a basis for annulling NYCHA's determination.
3. Petitioner's argument that she qualified as a tenant under federal law was unpreserved because it was not raised at the administrative hearing and therefore could not be considered on judicial review; alternatively, the argument was unavailing.
4. Petitioner could not invoke estoppel against NYCHA.

Questions Presented

1. Whether substantial evidence supported NYCHA's determination that petitioner was not entitled to succession rights as a remaining family member.
2. Whether petitioner's hardship and mitigating circumstances required annulment of NYCHA's determination.
3. Whether petitioner could obtain relief based on an argument that she qualified as a tenant under federal law when that argument was not raised before the agency.
4. Whether petitioner could invoke estoppel against NYCHA.

Disposition

dismissed