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MARSHALL v. LYNN

No. 71-1786.

497 F.2d 643 (1973)

Elizabeth MARSHALL et al., Appellants, v. James LYNN, Individually and in his capacity as Secretary of Housing and Urban Development, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 10, 1973.

As Amended December 20, 1973.

Attorney(s) appearing for the Case

Edward E. Schwab, Washington, D. C., for appellants.

C. Richard Beyda, Washington, D. C., for appellees, Linda Pollin Memorial Housing Corp. and Shannon & Luchs Company.

Percy H. Russell, Jr., Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, and J. Michael McGarry, III, Chevy Chase, Md., were on the brief for appellee, James Lynn, Secretary of HUD. Thomas A. Flannery, U. S. Atty. at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, Chief Judge, and TAMM and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

This case is one of three related cases decided today which involve the procedural rights of tenants of housing constructed under various provisions of the Federal housing legislation, prior to official approval of rent increases. In Thompson v. Washington, No. 71-2049, 162 U.S.App.D.C. ___, 497 F.2d 626, we hold that tenants of low-rent public housing are entitled not only to receive notice of proposed rent...

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