Henderson v. Popolizio

• Decision Date: 29 November 1990
• Citation: 76 N.Y.2d 972,563 N.Y.S.2d 733
• Parties: , 565 N.E.2d 482 In the Matter of Lonza HENDERSON, Appellant, v. Emanuel P. POPOLIZIO, as Chairman of the New York City Housing Authority, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 733

563 N.Y.S.2d 733

76 N.Y.2d 972, 565 N.E.2d 482

In the Matter of Lonza HENDERSON, Appellant, v. Emanuel P. POPOLIZIO, as Chairman of the New York City Housing Authority, Respondent.

Court of Appeals of New York.

Nov. 29, 1990.

[76 N.Y.2d 973] [565 N.E.2d 483] David Pieragostini, John C. Gray, Jr., Russell Engler and Tracy Miller, for appellant.

Joan Pannell and Manuel H. Quintana, for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed, 154 A.D.2d 960, 546 N.Y.S.2d 506, without costs.

After the death of a tenant in a city housing project subsidized by the Federal Government, petitioner claimed the right to retain the apartment as the last surviving family member of the deceased tenant. He stated that he had been the tenant's common-law husband for many years, had signed the lease with her, and they both had resided in the apartment prior to her death. Respondent's records, however, showed that the lease had been signed only by the tenant who had stated that she would be residing alone in the apartment. Petitioner's claim was rejected after an informal hearing. Respondent also denied his subsequent request for a formal hearing because he had failed to make a "reasonable showing" that he had resided in the apartment with the knowledge or permission of the authority as is required by its rules.

Respondent subsequently commenced an eviction proceeding and petitioner brought this article 78 proceeding. Petitioner contends that under a Federal regulation (24 CFR 966.4[m] and the Due Process Clause, he had an absolute right to a hearing before the agency commenced eviction proceedings against him. The courts below dismissed the proceeding and petitioner appeals.

The Federal regulation grants certain rights to tenants residing in facilities operated by a public housing agency receiving funds pursuant to the United States Housing Act of 1937 (42 U.S.C. § 1437 et seq.). Among these guarantees is the right to a hearing on individual disputes which "adversely affect the individual tenant's rights, duties, welfare or status" (24 CFR 966.50, 966.51[a]; 966.52, 966.53[a]. A tenant is broadly defined to include the lessee and the lessee's family (24 CFR 966.53[f], which in turn includes "the remaining member of a tenant family" (24 CFR 912.2).

These requirements are implemented by rules contained in respondent's Management Manual. The Manual provides that a person who becomes a member of the tenant's family with the knowledge and approval of the respondent, and who remains in occupancy when the tenant dies, is entitled to a lease for the premises if otherwise eligible for public housing (NYCHA Management Manual, ch. VII, subd. E[1][a]. All other persons claiming the rights of a remaining family member are entitled to a grievance hearing if they make a "reasonable showing" that they are in the apartment with the knowledge or permission of the respondent and continue to pay "use and occupancy" after the tenant's death (id., subd. E[1][b]. The Manual sets forth examples indicating that this...