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KING v. NEW ROCHELLE MUN. HOUS. AUTH.

June 29, 1970

Earnestine KING, on her own behalf and on behalf of all others similarly situated, Plaintiffs,
v.
The NEW ROCHELLE MUNICIPAL HOUSING AUTHORITY, Ellsworth Wright, in his capacity as Chairman of the New Rochelle Municipal Housing Authority, and Charles J. Urstadt, in his capacity as Commissioner of the New York State Division of Housing and Community Renewal, Defendants


Wyatt, District Judge.


The opinion of the court was delivered by: WYATT

WYATT, District Judge.

This is the decision of the action after trial without a jury. Trial by jury was not required nor demanded.

 The action is by plaintiff King for injunctive relief and for a declaratory judgment. Dorothy Green by order has been permitted to intervene as an intervenor plaintiff.

 There is a state aided public housing project in the City of New Rochelle.

 This action involves the constitutionality of a requirement that to be eligible for admission to this project a family must have one member who has been a resident of the City of New Rochelle for not less than five continuous years prior to the time of admission.

 Plaintiffs are citizens of New York.

 The New Rochelle Municipal Housing Authority (the Authority) is a public corporation of five members established by Section 407 of the New York Public Housing Law. Defendant Wright is Chairman of the Authority.

 Defendant Urstadt is Commissioner of Housing and Community Renewal of the State of New York (Public Housing Law § 11).

 By orders filed May 11, 1970, the motion of Dorothy Green to intervene as plaintiff was granted without opposition; plaintiffs' motions that the action be maintained as a class action (Fed. R. Civ. P. 23(c)(1)) were denied; plaintiffs' motions for a preliminary injunction against defendant Urstadt and for the convening of a three-judge district court (28 U.S.C. §§ 2281, 2284) were denied; and the hearing on plaintiffs' motions for a preliminary injunction against defendants Authority and Wright were consolidated with the trial of the action on the merits. (Fed. R. Civ. P. 65(a)(2)).

 When the action was called for trial, a stipulation of facts was submitted for plaintiffs, defendant Authority, and defendant Wright. Defendant Urstadt did not appear at trial.

 There appears to be no dispute as to the facts.

 Plaintiff King was born in Martinsville, Virginia, on January 5, 1942. In 1943, she moved to North Carolina where she resided until June, 1965. In the middle of June, 1965, she moved to New Rochelle in order to be with her mother, who was undergoing an operation, and in hope of obtaining employment.

 Plaintiff King has resided in New Rochelle continuously since the middle of June, 1965. She presently resides at 140 Remington Place, New Rochelle, with her three year old son. She is presently employed as a typist by the New York State Department of Taxation and Finance. In addition to her salary, she receives a grant of partial public assistance of $142.90 per month.

 On February 27, 1970, plaintiff King telephoned the Authority in order to obtain an application for admission to the public housing maintained by the Authority. An employee of the Authority told her that she could not be given an application ...


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