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SIERRA v. CITY OF NEW YORK

No. 07 Civ. 6769(JSR).

579 F.Supp.2d 543 (2008)

Juana SIERRA, Plaintiff, v. CITY OF NEW YORK; New York City Department of Buildings, and Patricia J. Lancaster, in her capacity as Commissioner of New York City Department of Buildings; New York City Department of Housing Preservation and Development, and Shaun Donovan, in his capacity as Commissioner of New York City Department of Housing and Development; and Emad Ibrahem, Defendants.

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

October 1, 2008.

Attorney(s) appearing for the Case

Molly Doherty Martha Ann Weithman, Goddard Riverside West Side SRO Law Project, Ami T. Sanghvi, Leslie T. Annexstein, New York, NY, for Plaintiff.

Jerald Horowitz, Jacqueline Hui, New York City Law Department, New York, NY, for Defendants.

OPINION AND ORDER

JED S. RAKOFF, District Judge.

Section 27-2076(b) of the New York City Housing Maintenance Code ("HMC") prohibits families with children under the age of sixteen from residing in single room occupancy units ("SROs"), which are defined in turn as "rooming units" that lack either an in-unit kitchen or an in-unit bathroom. Plaintiff Juana Sierra, a mother of two children who formerly occupied two units of that type, has challenged the...

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