In Jamison v. N.Y. City Hous. Auth., 25 AD3d 501 [1st Dept 2006], the court held that "petitioner's application for 'remaining family member' status on the ground that written permission had not been obtained for her occupancy in the apartment, is neither arbitrary nor capricious . . . Respondent never gave the tenant of record written permission for petitioner to join his household, and petitioner admitted that no such permission was ever obtained from project management for her to reside in the subject apartment. The fact that no written permission was ever obtained was further corroborated by the tenant's annual income affidavits for the years petitioner allegedly lived in the apartment, in which he listed no occupants of the apartment other than himself, and by the testimony of the Housing Assistant that prior to the tenant's death, he had never requested that anyone join his household. Nor was there any reference to petitioner in the tenant's file while he was alive. The record affords no basis for relieving petitioner of the written notice requirement, since she failed to establish that respondent knew or implicitly approved of her permanent residency in the apartment."