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LINARES v. JACKSON

No. 06-CV-876 (FB)(KAM).

548 F.Supp.2d 21 (2008)

Elias LINARES, Yvette Spady, Mosetta Morehead, and Keith Clark, Plaintiffs, v. Alphonso JACKSON, in his capacity as the Secretary for the United States Department of Housing & Urban Development, and the United States Department of Housing & Urban Development; and Prescient, Inc., Defendants.

United States District Court, E.D. New York.

May 5, 2008.

Attorney(s) appearing for the Case

Michael L. Weisberg, South Brooklyn Legal Services, Brooklyn, NY, for Plaintiffs.

Benton J. Campbell, United States Attorney, Eastern District of New York by Zachary A. Cunha, Brooklyn, NY, for Defendants.

MEMORANDUM AND ORDER

BLOCK, Senior District Judge:

On January 3, 2008, this Court declared 24 C.F.R. § 247.10 facially unconstitutional because the regulation fails to afford tenants in HUD-owned subsidized housing due process. See Linares v. Jackson, 531 F.Supp.2d 460 (E.D.N.Y.2008) (the "M & O"). The Court assumes familiarity with the M & O, which also set a hearing to allow the...

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