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GONZALEZ v. ST. MARGARET'S HOUSE HOUSING DEV. FUND

No. 84 Civ. 1697 (PNL).

620 F.Supp. 806 (1985)

Josefina GONZALEZ, Chuen Chu Wong, Mo Long Wong, Oscar Weiss, Jose Torres, Poa Kong Chong, Edna Singleton, Crispula Zaragoza, Randall Smith, Frances Friedkiss, Manuela Concepcion, Rita Mena, Nora Robertson, Josephine Lisi, Gim Oy Lee, Leon Lee, Roselyn Lee, Su-Uo Chen Yen, Guey Check Chung, Charlotte Ehrlich, Harry N. Beckerman, Ann Piaggessi, and Katherine Caracciola, Plaintiffs, v. ST. MARGARET'S HOUSE HOUSING DEVELOPMENT FUND CORPORATION, a New York Corporation, the United States Department of Housing and Urban Development, and Samuel R. Pierce, Jr., as Secretary of the U.S. Department of Housing and Urban Development, Defendants.

United States District Court, S.D. New York.

As Amended September 11, 1985.

Attorney(s) appearing for the Case

Kalman Finkel, Civ. Div., The Legal Aid Society, John E. Kirlin, Director of Litigation, Civ. Appeals & Law Reform Unit (Helen Hershkoff, Scott A. Rosenberg, of counsel), Norman Siegel, MFY Legal Services, Inc., Daniel L. Greenberg, Managing Atty. (Margarita Lopez Torres, of counsel), Estroff, Waldman & Poretsky (Jonathan D. Siegfried, Mark Olinsky, of counsel), New York City, for plaintiffs.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. (Richard W. Mark, Asst. U.S. Atty., of counsel), John W. Herold, Trial Atty., U.S. Dept. of Housing and Urban Development, Washington, D.C., for defendants. The U.S. Dept. of Housing and Urban Development and Samuel R. Pierce, Jr., as Secretary of the U.S. Dept. of Housing and Urban Development.

Carter, Ledyard & Milburn, Louis L. Stanton, Vincent Monte-Sano, Donald F. Simone, New York City, for defendant St. Margaret's House Housing Development Fund Corp.

MEMORANDUM AND ORDER

LEVAL, District Judge.

Plaintiffs are elderly tenants at St. Margaret's House, a low income housing project in New York City operated by defendant St. Margaret's House Housing Development Fund Corporation. Plaintiffs challenge the imposition by St. Margaret's of a mandatory meal service charge as a condition of occupancy there. Defendants, St. Margaret's and the U.S. Department of Housing and Urban Development (HUD), move to dismiss...

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