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NEWTON v. MUN. HOUS.

38 N.Y.2d 220 (1976)

In the Matter of Rhea Newton, Appellant, v. Municipal Housing Authority for the City of Yonkers, Respondent.

Court of Appeals of the State of New York.

Decided January 6, 1976.

Attorney(s) appearing for the Case

Edmund Byrnes and John T. Hand for appellant.

Charles J. Macellaro for respondent.

Chief Judge BREITEL and Judges JASEN, FUCHSBERG and COOKE concur; Judges GABRIELLI, JONES and WACHTLER dissent and vote to reverse on the dissenting memorandum by Mr. Justice FRED J. MUNDER at the Appellate Division ().

MEMORANDUM.

In this article 78 proceeding to review and annul the Municipal Housing Authority's determination that petitioner be evicted from a public housing project, we hold that a public housing authority may require a tenant to periodically furnish information concerning his income (and may provide to that effect in the lease), and may commence proceedings to evict a tenant in the event that the tenant fails, neglects...

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