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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L.Ed.2d 548 (1972), Phipps says that under the circumstances of this ease, the plaintiff had no right to continued occupancy of the apartment that would have been constitutionally protected even if the project had been that of a municipal authority, since the Lopez tenancy expired by its terms on December 31, 1972 and the lease contains no provision for renewal. We appear to have assumed the contrary in Escalera v. New York City Housing Authority, 425 F.2d 853 (2 Cir.), cert. denied, 400 U.S. 853, 91 S.Ct. 54, 27 L.Ed.2d 91 (1970), where we required due process hearings although the leases were month-to-month automatically renewable tenancies, terminable by either party at the end of any month upon the giving of one month’s notice, 425 F.2d at 857. However, the problem was not discussed and the decision antedated Roth. Plaintiff counters with the statement in Roth’s

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