Canales v. Hernandez

Determination by respondents, dated April 2, 2003, excluding petitioner’s son from her public housing apartment on the ground of nondesirability, unanimously confirmed, the petition denied and this proceeding (transferred to this Court by order of Supreme Court, New York County [William A. Wetzel, J.], entered December 15, 2003) dismissed, without costs.

The determination is supported by substantial evidence and is not arbitrary or capricious. Although the evidence indicates petitioner’s son does have a “handicap” as defined under the Fair Housing Amendments Act of 1988 (cf. Johnson v Maynard,…