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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46943 Justice Cahn PETITIONER WAS listed as a resident of a New York City Housing Authority (NYCHA) apartment leased by her mother, who allegedly abandoned the apartment. She was told she could not reopen an NYCHA hearing default because she was not the head of the household. After eviction, she was informed that because the tenancy was terminated, she could not file a “remaining family member” grievance. In response to petitioner’s contention that its policy of permitting only tenants named on a lease to appear at a termination hearing undermined federal regulations, the NYCHA argued that it complied with the requirements of the consent decree in Escalera v. New York City Housing Authority. Distinguishing Escalera, the court concluded that petitioner was the remaining head of the household of the tenant family. Thus, the NYCHA’s decision to terminate tenancy without giving notice to petitioner and its refusal to permit her to reopen that determination, was an arbitrary violation of governing federal law.

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