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Administrative Law- Practice And Procedure- Tenants Of A Public Housing Project Must Be Accorded Due Process Protections Before The Promulgation Of An Across-The-Board Rent Increase

Fordham Urban Law Journal

In June 1971, the chairman of the New Rochelle Housing Authority notified all tenants of a new $2.00 per room per month service charge and tenants instituted an action under section 1983 of the Civil Rights Act. The tenants asked the court to declare the charge invalid and enjoin the increase unless the tenants were first accorded a hearing. The US District Court for SDNY granted tenants summary judgment holding they had a due process right to notice and a hearing. The Court of Appeals for the Second Circuit modified this holding they had certain due process rights, their rights …