In Linares v. Jackson , Elias Linares filed suit against Alphonso Jackson, as the Secretary of the United States Department of Housing & Urban Development (HUD) , asserting the unconstitutionality of a regulation -- 24 C.F.R. section 247.10 -- which provides, upon a determination that a certain HUD -owned project must be rehabilitated or demolished, HUD may terminate a tenant's occupancy.
Linares claimed the regulation was unlawful since it didn't afford HUD 's tenants "due process."
HUD saw the case as "moot" because Linares was no longer an HUD tenant and therefore no longer under threat of eviction.
Notwithstanding the fact Linares was no longer in occupancy of the unit, the District Court for the Eastern District of New York (EDNY) found the regulation "facially unconstitutional" and enjoined its enforcement.
Linares did what most in his situation would have done, "relocate rather than run the risk of summary eviction in order to preserve the justiciability of [his] federal lawsuit." As far as the EDNY was concerned, Linares's departure didnt divest it of power to adjudicate the dispute, particularly since other tenants subject to "no cause" evictions would benefit from the outcome.
We ain't got cause to say nothing further.
To download a copy of the District Court's decision, please use this link: Linares v. Jackson