Van Lare v. Hurley

LOCATION:Tivoli Theater

DOCKET NO.: 74-453
DECIDED BY: Burger Court (1972-1975)

CITATION: 421 US 338 (1975)
ARGUED: Mar 26, 1975
DECIDED: May 19, 1975

Judith A. Gordon – for appellants in No. 74—453 and respondents in No. 74—5054
Martin A. Schwartz – for appellees in No. 74—453 and petitioners in No. 74—5054

Facts of the case


Media for Van Lare v. Hurley

Audio Transcription for Oral Argument – March 26, 1975 in Van Lare v. Hurley

Audio Transcription for Opinion Announcement – May 19, 1975 in Van Lare v. Hurley

William J. Brennan, Jr.:

74-5054 and 74-453, are concerned with a New York regulation under which the rent allowance payable to a recipient of aid under the program of Aid to Families with Dependent Children is reduced when the recipient takes a non-paying lodger into the home.

In No. 74-5054, the Court of Appeals for the Second Circuit held that this New York regulation does not conflict with the Federal Social Security Act and the regulations under that statute.

We disagree and reverse.

Mr. Justice Rehnquist dissents and has filed a dissenting opinion.

In No. 74-453, a three-judge District Court in the Southern District of New York held that the New York regulation was unconstitutional because in violation of the Due Process Clause.

In light of our decision in 74-5054, we have no occasion to address that or any constitutional question.

Accordingly, we vacate the judgment of the three-judge District Court and remand with direction to dismiss the case to that extent as moot.

Warren E. Burger:

Thank you Mr. Justice Brennan.