Narcisa Lopez v. Henry Phipps Plaza South, Inc., 498 F.2d 937 (1974)

Citation: Narcisa Lopez v. Henry Phipps Plaza South, Inc., 498 F.2d 937 (1974)
Parent Document: Narcisa Lopez v. Henry Phipps Plaza South, Inc., 498 F.2d 937 (1974)
Jurisdiction: United States (federal)
Effective Date: 1974-06-18
Original Source: https://www.courtlistener.com/opinion/320054/narcisa-lopez-v-henry-phipps-pla... ↗

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In McGuane v. Chenango Court, Inc., 431 F.2d 1189 (2 Cir. 1970), cert. denied, 401 U.S. 994, 91 S.Ct. 1238, 28 L.Ed.2d 532 (1971), we rejected a claim that tenants of a project receiving federal mortgage insurance under § 221(d) (3) of the National Housing Act were entitled to a hearing before being evicted by state court proceedings after the landlord’s refusal to renew. Weigand v. Afton View Apartments, 473 F.2d 545 (8 Cir. 1973), rejected a similar claim based on federal funding under § 236 of the Housing Act and a reduction in real estate taxes allowed by Minnesota. However, in McQueen v. Druker, 438 F.2d 781 (1 Cir. 1971), the court found government action in the context of a claimed retaliatory eviction in violation of First Amendment rights. Distinguishing McGuane v. Chenango Court, Inc. as holding “only that mere receipt of mortgage insurance under the National Housing Act does not make a private apartment house owner an agency of a state,” a proposition with which it agreed, 438 F.2d at 782 n. 4, the McQueen

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