SALUTE v. STRATFORD GREENS GARDEN APARTMENTS

No. 542, Docket 96-7398.

136 F.3d 293 (1998)

Richard SALUTE; Long Island Housing Services; Marie Kravette, Plaintiffs-Appellants, v. STRATFORD GREENS GARDEN APARTMENTS, A Co-Partnership; Gerald Monter; Elliot Monter; Holiday Management Associates, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 5, 1998.


Attorney(s) appearing for the Case

Richard F. Bellman, New York City (Miriam F. Clark, Lewis M. Steel, Steel Bellman Ritz & Clark, P.C., on the brief), for Plaintiffs-Appellants.

Kenneth A. Novikoff, Uniondale, NY (Rivkin, Radler, & Kremer, on the brief), for Defendants-Appellees.

Deval L. Patrick, Assistant Attorney General, David K. Flynn, Thomas E. Chandler, Department of Justice, Nelson A. Diaz, General Counsel, Sara Manzano, Deputy General Counsel for Civil Rights & Litigation, Carole W. Wilson, Associate General Counsel for Litigation & Fair Housing Enforcement, United States Department of Housing and Urban Development, Washington, DC, for amicus curiae United States of America.

Donald B. Verrilli, Jr., Paul M. Smith, Sam Hirsch, Jenner & Block, Washington, DC, John P. Relman, Christine R. Ladd, Washington Lawyers' Committee for Civil Rights and Urban Affairs, Washington, DC, for amici curiae The National Fair Housing Alliance, Inc., Advocacy, Inc., The American Counseling Association, The Arc, The Bazelon Center for Mental Health Law, The California Alliance for the Mentally Ill, The Center for Public Representation, and The Disability Rights Education and Defense Fund, Inc.

Zeva Schub, Lawyers' Committee for Better Housing, Inc., Chicago, IL, for amicus curiae Lawyers' Committee for Better Housing, Inc.

John C. Gray Jr., Jane Greengold Stevens, Edward Josephson, Hilary Botein, Brooklyn Legal Services Corporation B, Brooklyn, NY, Helaine Barnett, Scott Rosenberg, Judith Goldiner, Linda Johnson, The Legal Aid Society, New York City, Kleo J. King, Program Counsel, Eastern Paralyzed Veterans Association, Jackson Heights, NY, for amici curiae The Center for Independence of the Disabled in New York, The Eastern Paralyzed Veterans Association, and The Legal Aid Society.


Judge CALABRESI, dissents in a separate opinion.

JACOBS, Circuit Judge.

Plaintiffs Richard Salute and Marie Kravette are individuals with disabilities who qualify to receive Section 8 housing assistance from the federal government, but who were unable to become tenants at Stratford Greens Garden Apartments because the landlord refuses to rent apartments to Section 8 certificate holders. Kravette and Salute, together with plaintiff Long Island Housing Services...

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