(DOWNLOAD) "Matter Emily Williams v. White Plains Housing Authority" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Emily Williams v. White Plains Housing Authority
- Author : Supreme Court of New York
- Release Date : January 14, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
We agree with Special Term's finding that the hearing which the Authority is mandated to furnish tenants (9 NYCRR 1627-7.3)
prior to their eviction from a housing authority project must comply with minimal standards of due process (cf. Goldberg v.
Kelly, 397 U.S. 254; Matter of Vinson v. Greenburgh Housing Auth., 29 A.D.2d 338; Public Landlords and Private Tenants: The
Eviction of "Undesirables" From Public Housing Projects, 77 Yale L. J. 988, 993, 1004-1005). Among these standards are adequate
notice both of the acts which form the basis of the tenant's alleged undesirability and the consequences of an adverse determination,
together with the right to be represented by counsel, to confront witnesses and to challenge the evidence upon which the Authority
relies in making its determination (cf. Matter of Hecht v. Monaghan, 307 N. Y. 461, 470). In order to conform to our mandate
to construe enactments so as to preserve their constitutionality, we hold that these minimal due process standards must be
read into the regulation (cf. Matter of Buttonow, 23 N.Y.2d 385, 393; People v. Bailey, 21 N.Y.2d 588, 596). We note that
some of the difficulties which arose in this case would have been averted had the procedure outlined in the regulation been
followed, by having an administrative finding of ineligibility for continued tenancy made prior to consideration of the matter
by the Authority Review Board. Disposition Judgment affirmed, without costs.