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In the Matter of Jacqueline Perez, Respondent,v.John B. Rhea,, Appellant.

Brief

58 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,586 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal

  2. 300 Gramatan v. Human Rights

    45 N.Y.2d 176 (N.Y. 1978)   Cited 2,317 times
    In 300 Gramatan Ave. Assoc. v State Div. of Human Rights (45 NY2d 176), we stated that "substantial evidence consists of proof within the whole record of such quality and quantity as to generate conviction in and persuade a fair and detached fact finder that, from that proof as a premise, a conclusion or ultimate fact may be extracted reasonably — probatively and logically" (id. at 181).

  3. Matter of Featherstone v. Franco

    95 N.Y.2d 550 (N.Y. 2000)   Cited 387 times
    Affirming rejection of Article 78 case

  4. People ex Rel. Vega v. Smith

    66 N.Y.2d 130 (N.Y. 1985)   Cited 604 times
    In Vega, however, the misbehavior reports described with specificity an incident witnessed by the author and were endorsed or initialled by other correction officers.

  5. Silverman

    61 N.Y.2d 299 (N.Y. 1984)   Cited 566 times
    Noting that an arbitrator's “award will not be vacated even though the court concludes that his interpretation of the agreement misconstrues or disregards its plain meaning or misapplies substantive rules of law, unless it is violative of a strong public policy, or is totally irrational”

  6. Matter of Howard v. Wyman

    28 N.Y.2d 434 (N.Y. 1971)   Cited 822 times
    Holding that the "interpretation given a statute by the administering agency 'if not irrational or unreasonable, should be upheld'"

  7. Rochester Tel. Corp. v. U.S.

    307 U.S. 125 (1939)   Cited 530 times
    Rejecting the "negative order doctrine"

  8. First National Stores, Inc. v. Yellowstone Shopping Center, Inc.

    21 N.Y.2d 630 (N.Y. 1968)   Cited 547 times   5 Legal Analyses
    In Yellowstone, the Court of Appeals addressed a controversy between a commercial tenant and landlord over the tenant's alleged default under the lease by failing to install a sprinkler system on the premises.

  9. Post v. 120 East End Ave. Corp.

    62 N.Y.2d 19 (N.Y. 1984)   Cited 278 times   4 Legal Analyses
    In Post v. 120 E. End Ave. Corp. (62 N.Y.2d 19), a case where a psychiatrist improperly used his cooperative apartment for professional purposes, the Court of Appeals remitted the proceeding for application of the statute and noted that it should be "liberally construed" (supra, at 24).

  10. Escalera v. New York City Housing Authority

    425 F.2d 853 (2d Cir. 1970)   Cited 355 times
    Holding that due process requires detailed notice of the reasons for terminations of tenancies in the public housing context

  11. Section 7803 - Questions raised

    N.Y. CPLR 7803   Cited 5,011 times
    Listing the “only questions” that may be raised in an Article 78 proceeding

  12. Section 7801 - Nature of proceeding

    N.Y. CPLR 7801   Cited 1,060 times
    Permitting appeal of certain administrative determinations in New York State

  13. Section 1437 - Declaration of policy and public housing agency organization

    42 U.S.C. § 1437   Cited 869 times   5 Legal Analyses
    Holding eviction proper where court convicted tenant of disorderly persons offenses

  14. Section 1437d - Contract provisions and requirements; loans and annual contributions

    42 U.S.C. § 1437d   Cited 397 times   3 Legal Analyses
    Relieving elderly families from the effects of income mixing if the "Secretary has determined that application of this clause would result in excessive delays"

  15. Section 3 - Definitions

    N.Y. Pub. Hous. Law § 3   Cited 38 times

    The following terms, whenever used or referred to in this chapter, shall have the following meaning, unless a different meaning clearly appears from the context: 1. The term "commissioner" means the state commissioner of housing and community renewal. Reference in this chapter or in any other general, special or local law to state commissioner of housing shall be deemed to mean and refer to the state commissioner of housing and community renewal which is hereby made the new title of such office.

  16. Section 2 - Policy of state and purpose of chapter

    N.Y. Pub. Hous. Law § 2   Cited 28 times

    It is hereby declared that in certain areas of cities, towns and villages of the state there exist insanitary and substandard housing conditions owing to overcrowding and concentration of the population, improper planning, excessive land coverage, lack of proper light, air and space, insanitary design and arrangement, or lack of proper sanitary facilities; that these conditions are chiefly in areas where low rent dwellings prevail and that such conditions and dwellings are a menace to the health

  17. Section 37 - Powers of authority

    N.Y. Pub. Hous. Law § 37   Cited 21 times

    1. An authority shall have the following powers in addition to other powers granted in this chapter: n(a) investigate into living conditions in the municipality and into the means of improving such conditions; (b) determine where insanitary or substandard housing conditions exist; (c) publish and disseminate information; (d) prepare or arrange for preparation of plans for, carry out and operate projects; (e) construct, reconstruct, improve, alter or repair or provide for the construction, reconstruction

  18. Section 401 - New York City Housing Authority

    N.Y. Pub. Hous. Law § 401   Cited 18 times

    The New York City Housing Authority is hereby constituted and declared to be a body corporate and politic with all the powers, rights and duties set forth in article five of the former state housing law. N.Y. Pub. Hous. Law § 401

  19. Section 156 - Selection of tenants

    N.Y. Pub. Hous. Law § 156   Cited 6 times

    Subject to the terms of any loan or subsidy contract with a government, an authority shall have the power to select tenants for its projects. It shall observe the following standards with respect thereto: 1. The dwellings in the project shall be available solely a. for persons or families of low income whose probable aggregate annual income during the period of occupancy does not exceed six times the rental (including the value or cost to them of heat, light, water and cooking fuel) of the dwellings

  20. Section 966.4 - Lease requirements

    24 C.F.R. § 966.4   Cited 352 times
    Recognizing that the PHA may consider all circumstances of a particular case or may decide to act in a way that excludes only the culpable household member

  21. Section 960.202 - Tenant selection policies

    24 C.F.R. § 960.202   Cited 27 times

    (a)Selection policies, generally. (1) The PHA shall establish and adopt written policies for admission of tenants. (2) These policies shall provide for and include the following: (i) Targeting admissions to extremely low income families as provided in paragraph (b) of this section. (ii) Deconcentration of poverty and income-mixing in accordance with the PHA Plan regulations (see 24 CFR part 903 ). (iii) Precluding admission of applicants whose habits and practices reasonably may be expected to have

  22. Section 1627-2.6 - Determination of income

    N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 1627-2.6   Cited 7 times

    (a) General. An object of income projection is to determine anticipated income for coming 12 months, current rate of pay per stated unit (i.e., hour, day, week, month) shall be multiplied by number of stated units in coming 12 months; this total shall be modified by any conditions which past experience indicates are likely to occur during 12 month projected period. Such projection will apply to both fixed and nonfixed income when possible. Under interim rent adjustment policy, projections for non-fixed