DORCE v. CITY OF NEW YORK

Docket No. 20-1809-cv August Term, 2020.

2 F.4th 82 (2021)

McConnell DORCE, individually and on behalf of all others similarly situated, Cecilia Jones, individually and on behalf of all others similarly situated, Sherlivia Thomas-Murchison, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. CITY OF NEW YORK, Neighborhood Restore Housing Development Fund Co. Inc., Bsdc Kings Covenant Housing Development Fund Company, Inc., Maria Torres-springer, Commissioner of the New York City Department of Housing Preservation and Development, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 23, 2021.


Attorney(s) appearing for the Case

Douglas Hallward-Driemeier , Ropes & Gray LLP, Washington, DC ( Keith H. Wofford , Gregg L. Weiner , Alexander B. Simkin , New York, NY, on the brief), for Plaintiffs-Appellants McConnell Dorce and Sherlivia Thomas-Murchison.

Robert J. Valli, Jr. , Matthew Berman , Valli Kane & Vagnini, Garden City, NY, for Plaintiffs-Appellants McConnell Dorce, Cecilia Jones, and Sherlivia Thomas-Murchison.

Melanie T. West , Assistant Corporation Counsel ( Richard Dearing , Kate Fletcher , Kevin Osowski , Of Counsel, on the brief), for James E. Johnson , Corporation Counsel of New York, NY, for Defendants-Appellees City of New York and Maria Torres-Springer, Commissioner of the New York City Department of Housing Preservation and Development.

Brian J. Markowitz , Goldstein Hall PLLC, New York, NY, for Defendants-Appellees Neighborhood Restore Housing Development Fund Co. Inc. and BSDC Kings Covenant Housing Development Fund Company, Inc.

Mahogane D. Reed , NAACP Legal Defense and Educational Fund, Inc., Washington, DC ( Coty Montag , Washington, DC, Samuel Spital , Rachel M. Kleinman , Kristen A. Johnson , New York, NY, on the brief), for Amicus Curiae NAACP Legal Defense and Educational Fund, Inc.

Christina M. Martin , Kathryn D. Valois , Pacific Legal Foundation, Palm Beach Gardens, FL, for Amicus Curiae Pacific Legal Foundation.

Before: Livingston, Chief Judge, Cabranes and Lynch, Circuit Judges.


New York City's Third Party Transfer ("TPT") Program authorizes the City to foreclose on properties with overdue taxes and transfer ownership of those properties free of charge to designated partners, who develop and manage the properties. The property rights of the original owners are extinguished, and there is no...

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