BURR v. NEW ROCHELLE MUNICIPAL HOUSING AUTHORITY

No. 688, Docket 72-2425.

479 F.2d 1165 (1973)

Daniel BURR et al., Plaintiffs-Appellees, v. The NEW ROCHELLE MUNICIPAL HOUSING AUTHORITY et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 25, 1973.


Attorney(s) appearing for the Case

Michael J. Dale, The Legal Aid Society of Westchester County, New Rochelle, N. Y. (Martin A. Schwartz, White Plains, on the brief), for plaintiffs-appellees.

Richard L. Baltimore, New York City, for defendants-appellants.

Jeanne Hollingsworth, New York City Housing Authority, New York City, for amicus curiae.

Maria L. Marcus, New York State Commissioner of Housing, New York City, amicus curiae.

Before SMITH, HAYS and TIMBERS, Circuit Judges.


HAYS, Circuit Judge.

This is an appeal from an order of the United States District Court for the Southern District of New York granting plaintiffs' motion for summary judgment. The district court found that plaintiffs had a right under the due process clause of the Fourteenth Amendment to notice and a full adversary hearing before being required by the New Rochelle Municipal Housing Authority to pay higher rents or an across-the-board service charge. The court ordered...

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