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COSTA v. FALL RIVER HOUSING AUTHORITY

SJC-10197

453 Mass. 614 (2009)

GALE COSTA v. FALL RIVER HOUSING AUTHORITY & another.

Supreme Judicial Court of Massachusetts, Bristol.

April 13, 2009.

Attorney(s) appearing for the Case

John Egan for the defendant.

Kenneth W. Salinger, Assistant Attorney General, for the intervener.

Deborah G. Roher for the plaintiff.

The following submitted briefs for amici curiae:

James M. McCreight for Boston Tenants Coalition & others.

David B. Gleich for the Boston Housing Authority & others.

Michael J. Sullivan, United States Attorney, Anita L. Johnson, Assistant United States Attorney, Barbara C. Biddle, John S. Koppel, Thomas W. Rodick, & David M. Reizes for the United States.

Richard M. Bluestein, Janet Steckel Lundberg, & Anthony J. Cichello, for Massachusetts Nonprofit Housing Association, Inc.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

BOTSFORD, J.

After Gale Costa was arrested and charged with engaging in sexual conduct for a fee, G. L. c. 272, § 53A, and keeping a house of ill fame, G. L. c. 272, § 24, the Fall River Housing Authority (FRHA) notified her it was terminating her participation in the Section 8 rent subsidy program.2 Costa pursued and exhausted her administrative appeals, and thereafter brought an action pursuant to 42 U.S.C. § 1983 (2000...

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