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ROSE v. ELMIRA HOUS. AUTH.

224 A.D.2d 43 (1996)

638 N.Y.S.2d 229

Dawn Rose et al., Appellants, v. Elmira Housing Authority et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 29, 1996

Attorney(s) appearing for the Case

Karen Gooderum, Elmira, for appellants.

J. William O'Brien, II, Elmira, for Elmira Housing Authority, respondent.

Dennis C. Vacco, Attorney-General, Albany (Andrea Oser and Nancy A. Spiegel of counsel), for Angelo Aponte, respondent.

MERCURE, YESAWICH JR., PETERS and SPAIN, JJ., concur.

MIKOLL, J. P.

Plaintiffs are residents of the Jones Court and the Hawthorn Court State-aided housing projects located in the City of Elmira, Chemung County. These projects are owned and operated by defendant Elmira Housing Authority (hereinafter EHA). EHA determines the rents of individual tenants based on "income" as defined by regulation. As of 1974, EHA has assessed a retroactive rent surcharge on those tenants...

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