McKenna v. Peekskill Housing Authority
Decision Date | 22 April 1981 |
Docket Number | D,No. 726,726 |
Citation | 647 F.2d 332 |
Parties | Julianna McKENNA and Alice Brown, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. PEEKSKILL HOUSING AUTHORITY, M. George Habeeb, individually and in his capacity as a consultant to the Peekskill Housing Authority, Cyrus A. Bleakley, individually and in his capacity as Chairman of the Members of the Authority, and John E. Daly, individually and in his capacity as Housing Manager of the Authority, Defendants-Appellees. ocket 80-7846. |
Court | U.S. Court of Appeals — Second Circuit |
Andrew L. Levy, White Plains, N. Y. (Judith A. Kaufman, Westchester Legal Services, Inc., White Plains, N. Y., John T. Hand, Croton-on-Hudson, N. Y., of counsel), for plaintiffs-appellants.
Peter B. Nickles, Peekskill, N. Y., for defendants-appellees.
Before LUMBARD, MANSFIELD and KEARSE, Circuit Judges.
Plaintiffs-appellants Julianna McKenna and Alice Brown, tenants in a housing project operated by the Peekskill Housing Authority ("Authority"), appeal from a judgment of the Southern District of New York entered by Judge Charles H. Tenney on September 22, 1980, dismissing their action under 42 U.S.C. § 1983 challenging the constitutionality of the Authority's Rule 5, which required tenants to register and obtain prior permission for overnight visitors. Plaintiffs claimed that the rule infringed on their constitutional rights of association and privacy. They sought declaratory and injunctive relief as well as $25,000 in damages apiece. On their motion for summary judgment, the district court instead granted judgment to the non-moving defendants. McKenna v. Peekskill Housing Authority, 497 F.Supp. 1217 (S.D.N.Y.1980). We affirm on grounds of mootness the dismissal of the claims for declaratory and injunctive relief. The dismissal of the damage claim is reversed and remanded for further proceedings.
At the time of commencement of this action, the Authority's Rule 5 provided:
The district court, although recognizing that the plaintiffs' right to freedom of association was protected by the First Amendment and that Rule 5 infringed this right, held that the exercise of the right here must give way to the state's compelling interest in "maintaining safe, decent housing and in keeping track of occupancy and eligibility in public housing." 497 F.Supp. at 1220. In addition, the district court pointed to the Authority's duties of equalizing the rentals paid by tenants and of preventing overcrowding, excessive use of water or electricity and disproportionate wear and tear. The same basic balancing approach was applied to reject the plaintiffs' privacy claims.
From this decision plaintiffs appealed.
Since the district court's decision events have occurred which have mooted the plaintiffs' claims for injunctive and declaratory relief. On December 18, 1980, three days after plaintiffs filed their brief on this appeal, the Authority adopted a resolution which rescinded the challenged old Rule 5, voted to expunge from plaintiffs' files all references to violations of the Rule and resolved not to commence eviction proceedings against any tenant for violations of the Rule. In place of the Rule, the Authority substituted the language of the federal guidelines. The new Rule requires no prior discussions with or disclosures to the Authority, nor any registrations. The resolution provides that this step was taken because the Authority felt "that (it is) in the best interest of its tenants and the Peekskill Housing Authority to conform to Federal Regulations relative to Occupancy of the Dwelling Unit, and; WHEREAS, the State of New York Projects NY 47 and 97 will be transferred to and become Federal Projects in the near future." The resolution revised Rule 5 to read, "The tenant shall have the right to exclusive use and occupancy of the leased premises which shall include reasonable accommodation of the tenants' guests or visitors ," which is the same as the language used in federal guidelines, see 24 C.F.R. § 866.4. Under the circumstances, including the fact that the Authority's rescission of old Rule 5 post-dated its obtaining a favorable result in the district court and the concession by the Authority's counsel upon argument that the old rule was "ludicrous," there appears to be no likelihood of a return to the old rule. To the extent that appellants seek declaratory and injunctive relief, therefore, their claims have become moot.
There remains the question of whether plaintiffs' claims of $15,000 damages from defendant Habeeb and $10,000 from the Authority are rendered "so insubstantial or so clearly foreclosed by prior proceedings" that the case may not proceed. See Memphis Light, Gas & Water Div. v. Craft, 436 U.S. 1, 8-9, 98 S.Ct. 1554, 1559, 1560, 56 L.Ed.2d 30 (1978) ( ). Faced with a similar situation in Davis v. Village Park II Realty Co., 578 F.2d 461 (2d Cir. 1978), where a federal housing tenant's claim for injunctive relief based on threatened eviction because of exercise of her First Amendment rights was mooted by the defendants' agreement to drop the eviction proceeding, we nevertheless held that the plaintiffs' damage claim was "sufficient to ensure that the requisite case or controversy exists," stating:
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