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ALMONTE v. PIERCE

No. 87 Civ. 3358-CSH.

666 F.Supp. 517 (1987)

Marie ALMONTE, Bonifacio Baez, Saturina Santana, Juan Tavares, Ricard Santiago, Magdalena Cruz, Ana Espinal, Augustina Muniz, Marie Gonzalez, Ramona Santiago, Ana Polanco, Ana Cruz, Abebi Adeyeye, and Alphonso Brown, individually and on behalf of all others similarly situated, Plaintiffs, v. Samuel R. PIERCE, Jr., individually and as Secretary of the United States Department of Housing & Urban Development (HUD); HUD; Goodheart Housing Development Fund Co., Inc. (Goodheart HDFC); Congregation Yetev Lev D'Satmar (the Congregation); and, Berl Friedman, individually and as agent for Goodheart HDFC and the Congregation, Defendants.

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

July 28, 1987.

Attorney(s) appearing for the Case

Puerto Rican Legal Defense & Educ. Fund, Inc., New York City, Linda Flores, Richard Rivera, Philip L. Boneta, of counsel, and Brooklyn Legal Services, Corp. A, Brooklyn, N.Y., Co-Counsel, for plaintiffs; Martin S. Needelman, Pat Murray, Wayne Saitta, Edwin Vega, of counsel.

Rudolph W. Giuliani, U.S. Atty. for the S.D.N.Y., New York City, for defendants Samuel R. Pierce, Jr., individually and as Secretary of the U.S. Dept. of Housing and Urban Development and the U.S. Dept. of Housing and Urban Development; Nancy G. Milburn, Asst. U.S. Atty., of counsel.

Patterson, Belknap, Webb & Tyler, New York City, for defendants Goodheart Housing Development Fund Co., Inc., Congregation Yetev Lev D'Satmar, Inc., and Berl Friedman; Theodore B. Van Itallie, Jr., Frederick B. Campbell, Robert D. Wilson, Jr., of counsel.

HAIGHT, District Judge:

In this case I am asked to enjoin preliminarily the renting and occupation of a federally funded housing project in Brooklyn intended for the elderly or handicapped.

The named plaintiffs allege that they did not apply to the project because they were unlawfully not advised of it, or, being so advised, applied and were unlawfully declared ineligible. They seek to represent a class consisting of "low-income Puerto Rican, other Hispanic...

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