Legal Opinion · Dissent

Saunders v. Rhea

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 2012Published

1Dissent

Manzanet-Daniels, J. (dissenting).

Petitioner Shirley Saunders, 76 years old and legally blind, had been the tenant of record for approximately 37 years at 395 Fountain Avenue, apartment 7A in NYCHA’s Cypress Hills Houses in Brooklyn. Petitioner’s son, John Saunders, lived with her in the apartment, with NYCHA’s knowledge.

By letter dated June 29, 2009, NYCHA notified petitioner of a tenancy termination hearing; the hearing was to be based on charges that petitioner was violating her lease by allowing Lloyd Saunders, another of her sons, to live with her without NYCHA’s permission.

Petitioner…

2Cases cited3 opinions

  1. MATTER OF YARBOUGH v. FrancoNew York Court of Appeals · 2000
  2. Mundy v. Nassau County Civil Service CommissionNew York Court of Appeals · 1978
  3. Cooper v. Number 535 Park AvenueAppellate Division of the Supreme Court of the State of New York · 2010

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