This article, in slightly different form, originally appeared inthe New York LawJournal. Daniel Wise can be reached at [email protected].

A rule allowing residents in government-owned buildingsdesignated for rehabilitation to be evicted without a statement ofreasons or an opportunity to challenge the action is "patentlyunconstitutional," a federal judge in Brooklyn ruled recently.Eastern District Judge Frederic Block ordered a hearing on Jan. 28to determine how much process is due to residents of buildings theUS Department of Housing and Urban Development wants cleared.

In Linares v. Jackson (06-CV-876) JudgeBlock strongly suggested that at a minimum he would require beforeeviction can proceed a clear statement that the residents'apartments were in such disrepair as to need "substantialrehabilitation." He further ruled that, "it seems obvious" thatresidents should be given an opportunity to challenge thatdetermination in an administrative proceeding before evictionproceedings are commenced in state court.