In McFarlane v. New York City Housing Authority, 9 AD3d 289, 780 N.Y.S.2d 135 [1st dept, 2004]), the first department held that petitioners' claims for remaining family member status were "precluded by the absence of any showing that any request was made during the tenancies for the approval of the Housing Authority to add petitioners as occupants" (Id. at 290). In McFarlane, the court noted that "a showing that the Authority knew of, and took no preventive action against, the occupancy by the tenant's relative, could be an acceptable alternative for compliance with the notice and consent requirements" (Id).