Court: |
New York Cort of Appeals |
|
Facts: |
As low-rent landlords go out of business, the city takes buildings
over. They find squatters and drug dealers. They want to get
things into more order, so they want to start evicting the
squatters. |
|
Posture: |
Plaintiffs content that their equal protection and due process
rights are being violated. The initial court bars any new
eviction notices until people have been given notice of
the right to apply for a lease, procedures for doing so,
and an opportunity to do so. The city appeals. |
|
Issue: |
Do squatters in these buildings have any property rights that
would bar eviction? |
|
Holding: |
No. Reversed. |
|
Rule: |
In order to have rights, you need more than a unilateral expectation;
you need a legitimate claim to something. |
|
Reasoning: |
These are the poorest of the poor, and the eviction procedures are
attempting to be humanitarian. This doesn't create any substantive
rights, though. |
|
Dicta: |
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