Kwan Fong Fung v. New York City Housing Authority

The determination that petitioners did not qualify as remaining family members for purposes of succession rights to the subject apartment has a rational basis. The evidence shows that *453petitioner Kwan Fong Fung did not become an authorized occupant of her father’s apartment prior to his death in 2009 (see Matter of Valentin v New York City Hous. Auth., 72 AD3d 486 [1st Dept 2010]).

Contrary to petitioners’ contention, respondent did not implicitly approve of their residence in the subject apartment. A governmental agency cannot be estopped from discharging its statutory duties when a claimant…