William O. Douglas

“ It certainly would be desirable if a housing authority held a hearing prior to the termination of the lease. The circular, which may be no more than a press release, does not so provide. Moreover, is there a constitutional requirement for an administrative hearing where, as here, the tenant can have a full judicial hearing when the authority attempts to evict him through judicial process? Petitioner has had a hearing in the state courts. The immediate question is what reasons can support an eviction after hearing. ”

“ The appellees are plainly mistaken in their argument that, because a tax exemption is a 'privilege' or 'bounty,' its denial may not infringe speech.' No more can a tenant in a public housing project be evicted for the exercise of her right of association, a right protected by the First and Fourteenth Amendments. ”

“ On August 10, 1965, petitioner was elected president of the Parents' Club, a group composed of tenants of the housing project. On August 11, 1965, the Housing Authority's Executive Director delivered a notice that petitioner's lease would be canceled effective August 31, at which time she would have to vacate the premises. No reasons were given for the sudden cancellation. The Authority merely referred to the provision of the lease stating that management may terminate the lease by giving the tenant notice 15 days prior to the last day of the term. ”

“ The court thought it 'immaterial what may have been the reason for the lessor's unwillingness to continue the relationship of landlord and tenant * * *.' Id., at 433, 148 S.E.2d, at 292. Under the rationale of the North Carolina Supreme Court, a public housing authority, organized under state law and operating a housing project financed by federal and state funds, is assimilated to the position of a private property owner who can terminate a lease for any reason or no reason at all. ”

“ Over and over again we have stressed that 'the nature and the theory of our institutions of government, the principles upon which they are supposed to rest * * * do not mean to leave room for the play and action of purely personal and arbitrary power' (Yick Wo. v. Hopkins, 118 U.S. 356, 369-370, 6 S.Ct. 1064, 1071, 30 L.Ed. 220) and that the essence of due process is 'the protection of the individual against arbitrary action.' Ohio Bell Telephone Co. ”