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MATTER OF PETERS v. NEW YORK CITY HOUS. AUTH.

307 N.Y. 519 (1954)

In the Matter of Rebecka Peters, Individually and on Behalf of All Others Similarly Situated Who Are Members of The Williamsburg Community Association, Appellant, v. New York City Housing Authority, Respondent. Joseph Serata et al., Individually and as Members of The International Workers Order, Inc., and as Tenants of The New York City Housing Authority, Interveners-Appellants.

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

Paul L. Ross for petitioner-appellant, and Royal W. France for interveners-appellants.

Osmond K. Fraenkel and Herbert Monte Levy for American Civil Liberties Union, amicus curiæ, in support of appellant's and interveners-appellants' position.

John P. McGrath and Martin D. Jacobs for respondent.

George S. Leonard, Acting Assistant Attorney General, Samuel D. Slade and Benjamin Forman, Attorneys, Department of Justice, for United States of America, amicus curiæ, in support of respondent's position.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FROESSEL and VAN VOORHIS, JJ., concur.

FULD, J.

Included in the Independent Offices Appropriations Act of 1953 (66 U. S. Stat. 403) was a provision which has become known as the Gwinn Amendment. It directed, in part, that

"no housing unit constructed under the United States Housing Act of 1937, as amended, shall be occupied by a person who is a member of an organization designated as subversive by the Attorney General: Provided further, That the...

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