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DESUZE v. AMMON

No. 20-1141 August Term, 2020.

990 F.3d 264 (2021)

Mary DESUZE, Louis Grant, Petra Montgomery, Carlota Brown, Leonard Andre, Renee Avent, Arlene Hipp, Deborah Priester, Angela Jones, Elvia Scharschmidt, Pamela Lockley, for themselves and other similarly situated current or former tenants of Linden Plaza, Plaintiffs-Appellants, v. Matt AMMON, Acting Secretary of the United States Department of Housing and Urban Development, United States Department of Housing and Urban Development, Linden Plaza Preservation L.P., Linden Plaza Associates, L.P., New York City Department of Housing Preservation and Development, City of New York, Defendants-Appellees,

United States Court of Appeals, Second Circuit.

Decided: March 9, 2021.

Attorney(s) appearing for the Case

Adam Meyers , Communities Resist, Brooklyn, NY, for Plaintiffs-Appellants.

Edward K. Newman ( Varuni Nelson , on the brief) for Seth D. DuCharme , Acting United States Attorney for the Eastern District of New York, Brooklyn, NY, for Defendants-Appellees Matt Ammon and U.S. Department of Housing and Urban Development.

Zoe Phillips ( Peter C. Neger , on the brief), Morgan, Lewis & Bockius LLP, New York, NY, for Defendants-Appellees Linden Plaza Preservation L.P., and Linden Plaza Associates, L.P.

Amy McCamphill ( Richard Dearing , John Moore , on the brief) for James E. Johnson , Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees New York City Department of Housing Preservation and Development and City of New York.

Before: Cabranes, Park, and Nardini, Circuit Judges.

Plaintiffs-Appellants (the "Tenants") are current and former tenants of Linden Plaza, a privately owned affordable housing complex in Brooklyn, New York. In 2007 and 2008, federal and local authorities granted Linden Plaza's application to raise rents, over vocal objections...

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