Burr v. New Rochelle Municipal Housing Authority’s Empirical Analysis
479 F.2d 1165 · 1973
Citation profile
17 federal appellate · 4 district · 7 state decisions
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Board of Regents of State Colleges v. Roth · Morrissey v. Brewer · Goldberg v. Kelly · Shoup Voting Machine Corp. v. Datamedia Computer Service, Inc. · White v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[D]ue process does not require an adversary hearing before a general rent increase or service charge can be imposed. We feel that the interests of the tenants, while concededly important, can be protected through a less formal procedure. Notice of a proposed increase in rent shall be served well in advance of the date for the increase. Opportunity for filing written objections shall be given. There need be no opportunity for oral presentation. The tenants or their representatives shall have the right to submit any material they consider relevant to disprove the need for the rent increase. .Finally, the Review Board upon reaching a decision shall issue a statement outlining the reasons for either approving or rej ecting the requested rent increase. The: tenants may of course be represented by counsel. Id. at 1169-70 .”
2 later decisions quote this exact passage · from the majority“controlled and operated by the * * * New Rochelle Municipal Housing Authority, a public corporation organized under New York State law, to provide low rent housing for persons of low income " (emphasis added). The tenants challenged the Authority's imposition of an across-the-board rent increase in the absence of an opportunity for them to be heard. The Court held that the tenants were entitled to limited procedural safeguards under the due process clause, in the form of advance notice of the proposed rent increase, the opportunity to file written objections and relevant opposing material and a statement of reasons underlying the Authority's decision. The Court held against the tenants in Grace Towers, however, on the ground that they lacked a legitimate claim of entitlement upon which due-process protections could attach. The tenants there resided in a project insured and subsidized under § 221(d)(3) of the NHA, 12 U.S.C. § 1715 l (d)(3). Pursuant to its regulatory agreement, the owner filed an application with HUD for a rental increase which ultimately received the agency's approval. The HUD regulation in force at the time, however, made no provision for "tenant participation in the agency's decision on a rental increase application.”
1 later decision quote this exact passage · from the majority“the opportunity to present oral evidence is not particularly valuable where technical financial data is at issue.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.