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HAHN v. GOTTLIEB

No. 7552.

430 F.2d 1243 (1970)

Karl W. HAHN et al., Plaintiffs-Appellants, v. Joseph GOTTLIEB et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

August 14, 1970.

Attorney(s) appearing for the Case

Samuel Hoar, Boston, Mass., with whom L. Scott Harshbarger, Robert S. Bowditch, Jr., Harrison A. Fitch, and Goodwin, Procter & Hoar, Boston, Mass., were on the brief, for appellants.

Kenneth F. Phillips, Berkeley, Cal., Myron Moskovitz, and David B. Bryson on the brief for National Housing and Development Law Project, amicus curiae.

Robert J. Sherer, Boston, Mass., with whom Joseph D. Cronin and Roche, Carens & DeGiacomo, Boston, Mass., were on the brief, for Joseph Gottlieb, John C. Pappas, and Bertram Druker, appellees.

Morton Hollander, Atty., Dept. of Justice, with whom William D. Ruckelshaus, Asst. Atty. Gen., Herbert F. Travers, Jr., U. S. Atty., Alan S. Rosenthal, and Judith S. Seplowitz, Attys., Dept. of Justice, were on the brief, for John W. Flynn, Boston Regional Director, Federal Housing Administration, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

In this appeal, we are asked to decide whether tenants in housing subsidized under § 221(d) (3) of the National Housing Act have the right to an administrative hearing and judicial review when their landlord proposes to increase rents.

Plaintiffs are members of a tenants' association at the Castle Square project in Boston (the project), a development of low-and middle-income housing financed under § 221(d) (3), as amended,...

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