GARVEY v. WORCESTER HOUSING AUTHORITY

No. 79-1537.

629 F.2d 691 (1980)

Walter GARVEY and Louise LaRose, on behalf of themselves and all others similarly situated, Plaintiffs, Appellants, v. WORCESTER HOUSING AUTHORITY and Secretary of the United States Department of Housing and Urban Development, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 24, 1980.


Attorney(s) appearing for the Case

Marc Lauritsen, Worcester, Mass., for appellants.

James F. Cosgrove, Worcester, Mass., and John D. Hanify, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., and Maher, Talcott, Gould & Cosgrove, Worcester, Mass., were on brief, for appellees.

Before ALDRICH and BOWNES, Circuit Judges, PETTINE, Chief District Judge.


PETTINE, Chief District Judge.

This suit seeks declaratory and injunctive relief overturning the Department of Housing and Urban Development's (HUD) practice of considering minors' Social Security benefits as family income for the purpose of computing rent levels for public housing. The plaintiffs claim that the challenged regulation, 24 C.F.R. § 860.403(o)(ix), contravenes the statute under which it was passed, and denies plaintiffs equal protection of...

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