Kutcher v. Housing Authority of the City of Newark

Pursuant to a 1947 executive order (the 1947 executive order), the United States Attorney General created a consolidated list of organizations that were designated in connection with the disloyalty of government employees. The list was subdivided into multiple categories, including one category for subversive organizations. In 1952, Congress passed a law (the federal law) prohibiting members of organizations designated as subversive by the Attorney General from living in federal public housing, and authorized local housing authorities to enforce this prohibition. Hyman Kutcher (plaintiff) was a tenant in a federal public-housing project run by the Housing Authority of the City of Newark (the housing authority) (defendant). Hyman’s son lived with his father in the public-housing apartment. In 1952, the housing authority sent a letter to Kutcher demanding that Kutcher sign a certificate attesting that neither Kutcher nor any family member occupying the apartment was a member of an organization designated as subversive by the attorney general. The certification contained the entire consolidated list, noting that the listed organizations had been designated by the attorney general pursuant to the 1947 executive order. There was no reference to the categories in the attorney general’s list and no indication of which of the listed organizations were designated as subversive. The letter warned that failure to certify would result in eviction. Kutcher refused to sign the certificate. The housing authority sent Kutcher a termination notice, and moved to evict when Kutcher failed to vacate. Kutcher sued. Kutcher claimed that he was not a member of any organization on the certificate list but acknowledged that his son was a member of a listed organization. The court sided with Kutcher, holding that the housing authority had exceeded its authority under the federal law and enjoining the eviction proceedings. The housing authority appealed, further arguing that under the terms of Kutcher’s lease, the housing authority had a contractual right to terminate the lease, regardless of motive, by giving notice to Kutcher.