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LIDDY v. CISNEROS

No. 92 Civ. 1840 (RPP).

823 F.Supp. 164 (1993)

Marilyn LIDDY and Steven August, Plaintiffs, v. Henry CISNEROS, as Secretary and A.M. Villane, Jr. as Regional Administrator for Region II of the Department of Housing and Urban Development, New York Foundation for Senior Citizens, and 51st Capitol Associates, Defendants.

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

May 25, 1993.

Attorney(s) appearing for the Case

The Legal Aid Society, Civil Appeals and Law Reform Unit, New York City, by Michelle Adams, Jane E. Booth and Scott Rosenberg, for plaintiffs.

Roger S. Hayes, Acting U.S. Atty. for the S.D.N.Y., New York City by David Koenigsberg, Asst. U.S. Atty., Michael Robinson, Office of Legal Counsel, Dept. of Housing and Urban Development, for defendants Henry Cisneros and A.M. Villane.

Brown & Wood, New York City, by Karen Sexton, for defendant 51st Capitol Associates.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City by Paul Indig, for defendant New York Foundation for Senior Citizens, Inc.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Plaintiffs Marilyn Liddy and Steven August bring this action alleging that defendants, by refusing them a preference under the section 8 Housing Assistance Payments Program, denied them their rights as disabled persons in violation of (1) section 504 of the Rehabilitation Act of 1973 ("RHA"), 29 U.S.C. § 794 (Supp.1992), (2) sections 804(f)(3)(B) and 808(e)(5) of the Fair Housing Amendments...

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