Legal Opinion

Davis v. N.Y.C. Hous. Auth.

District Court, S.D. Illinois

Decided March 29, 2019No. 18-CV-459 (JPO)PublishedCited by 16 opinions

1Opinion of the Court

J. PAUL OETKEN, District Judge:

*243Plaintiff Chiffon Davis brings this putative class action against Defendants the New York City Housing Authority ("NYCHA") and the Chairperson of NYCHA, Oyeshola Olatoye, in connection with their alleged failure to provide adequate heating to residents of NYCHA public housing buildings.

Defendants now move to dismiss the operative complaint, asserting that this action is essentially "an attempt to enforce the 'warranty of habitability,' " which cannot be done through federal law. (Dkt. No. 23 at 3.) For the reasons that follow, the motion to dismiss is granted in…

2Cases cited51 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. County of Sacramento v. LewisSupreme Court of the United States · 1998
  5. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989

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3Cited by16 opinions

  1. Byng v. KellyDistrict Court, N.D. New York · 2023
  2. Cleveland v. Long Island Railroad CompanyDistrict Court, S.D. New York · 2019
  3. Kistner v. The City of BuffaloDistrict Court, W.D. New York · 2022
  4. Komatsu v. The City of New YorkDistrict Court, S.D. New York · 2021
  5. Lauro v. CommunityDistrict Court, N.D. New York · 2024

11 more not listed; retrieve them via the Exa API.

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