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KEELER v. JOY

Nos. 117-118, Dockets 80-7359, 80-7362.

641 F.2d 1044 (1981)

Jack KEELER and Grace Keeler, Emily Ramos, Rose Mann, John Nichols, Ethel McGinnity, Wilma and John Hilber, individually and on behalf of all others similarly situated, Plaintiffs, Jack Keeler and Grace Keeler, Plaintiffs-Appellants, v. Daniel W. JOY, individually and as Commissioner of the Office of Rent and Housing Maintenance of the City of New York Department of Housing Preservation and Development, Defendant-Appellee. Fay GENUARD, Margaret J. Lennon and Patricia Bukawyn, individually and on behalf of all others similarly situated, Plaintiffs, Ralph Gulvino, Margaret Szal, Elizabeth Kravitz, Lee Fagin, Ilona Lovas, Catherina Stolfi, Johanna Rotkewicz and Angelo Criscio, Plaintiffs-Intervenors, Ralph Gulvino, Elizabeth Kravitz, Lee Fagin, Caterina Stolfi and Angelo Criscio, Plaintiffs-Intervenors-Appellants, v. Daniel W. JOY, individually and as Commissioner of the Office of Rent and Housing Maintenance of the City of New York Department of Housing Preservation and Development, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 9, 1981.

Attorney(s) appearing for the Case

Florence R. Zimmerman, New York City (Harry Michelson, New York City, of counsel), for defendant-appellee.

Toby Golick, New York City (Legal Services for the Elderly, John C. Gray, Jr., Patrick Cooney, Thomas P. Kerrigan, of counsel; and The Legal Aid Society, Marshall Green, and Brooklyn Legal Services Corporation B, Brooklyn, N. Y., on the brief), for plaintiffs-appellants.

Before MOORE and KEARSE, Circuit Judges, and TENNEY, District Judge.

MOORE, Circuit Judge:

New York City's Rent and Rehabilitation Law, Title Y, § Y51-1.0 et seq., Administrative Code of the City of New York, prescribes a procedure through which a landlord, seeking to reclaim a rent controlled apartment for his own use, may, by application to the City, evict a tenant. The issue in this case is whether the notice and conference afforded a tenant by the City satisfy the demands of due process. The trial court held that they...

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