Legal Opinion
Murphy v. New York State Division of Housing & Community Renewal
New York Court of Appeals
Decided October 17, 2013PublishedCited by 43 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
This case arises from a determination of the Division of Housing and Community Renewal (DHCR) denying petitioner Paul *652Murphy (Murphy) succession rights to a Mitchell-Lama apartment. Because the evidence of Murphy’s primary residency was overwhelming, and because there was no relationship between the tenant-of-record’s failure to file the income affidavit and the succession applicant’s income or occupancy, the agency’s determination was arbitrary and capricious.
Murphy is a lifelong resident of an apartment in Southbridge Towers, a housing complex in…
2Cases cited9 opinions
- Peckham v. CalogeroNew York Court of Appeals · 2009
- Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
- Gilman v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 2002
- Gaines v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1997
- Rent Stabilization Ass'n of New York City, Inc. v. HigginsNew York Court of Appeals · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Matter of 9215 Realty, LLC v. State of N.Y. Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Matzell v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2020
- The Matter of ACME Bus Corp. v. Orange CountyNew York Court of Appeals · 2016
- Matter of Abramoski v. New York State Education DepartmentAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Smith v. City of NorwichAppellate Division of the Supreme Court of the State of New York · 2022
38 more not listed; retrieve them via the Exa API.