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OTERO v. NEW YORK CITY HOUSING AUTHORITY

Nos. 1027, 1028, 1029, Dockets 73-1462, 73-1499, 73-1503.

484 F.2d 1122 (1973)

Francisco OTERO et al., Plaintiffs-Appellees, v. NEW YORK CITY HOUSING AUTHORITY et al., Defendants-Appellants. Akiva Miller et al., individually and on behalf of all others similarly situated, Intervening-Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 12, 1973.

Attorney(s) appearing for the Case

Jeanne Hollingsworth, Atty., New York City (Otto M. Bonaparte, Gerald Davis, Aaron Kohn, Raphael Samuel, New York City, of counsel) for defendant-appellant New York City Housing Authority.

Nancy E. LeBlanc, Atty., New York City (George C. Stewart, Martin A. Hotvet, MFY Legal Services, Inc., New York City, of counsel) for plaintiffs-appellees.

Kalman Finkel, New York City (Leon B. Polsky, Helaine Barnett, Atty., The Legal Aid Society, New York City, of counsel) for intervening-defendants-appellants.

Nathan Lewin, Washington, D. C. (Howard I. Rhine, Harvey Blitz, New York City, Dennis Rapps, National Jewish Commission on Law and Public Affairs (COLPA), Brooklyn, N. Y., of counsel) for intervening-defendants-appellants John Doe, and others.

Before HAYS, MANSFIELD and MULLIGAN, Circuit Judges.

MANSFIELD, Circuit Judge:

Upon this appeal we encounter a type of confrontation that sometimes occurs when a housing authority's use of low cost public housing to promote or maintain racial integration clashes with other demands or interests in the community. Usually the problem arises when an effort is made to introduce a non-white minority into a community that is populated almost entirely by white residents. See N. Y. Times Feb. 17, 1972, 1:1 re: Forest Hills Housing...

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