Bryant Avenue Tenants' Ass'n v. Koch

Kupferman, J. P., and Ross, J.,

dissent in part in a memorandum by Kupferman, J. P., as follows: There is impliedly asserted a claim pursuant to the Civil Rights Act (42 USC § 1983) to the effect that plaintiffs were deprived of due *475process by failure of adequate notice and opportunity to be heard in connection with capital improvement rent increases and the authorization of loans to the landlord under article 8-A of the Public Housing Finance Law. The court at Special Term seemingly sustained such a cause of action, ahd so it should be dealt with.

We have heretofore determined that the type of…