Winston v. City of Syracuse, No. 17-1017 (2d Cir. 2018)Annotate this Case
Plaintiff filed a putative class action challenging the City's policy of denying tenants the opportunity to open water accounts in their own name and shutting off water service to tenants when landlords fail to pay water bills. The Second Circuit held that the City's policy of denying tenants the opportunity to open water accounts satisfied the requirements of the Equal Protection Clause of the Fourteenth Amendment. The court held, however, that the City's water shutoff policy violated the Due Process Clause and the Equal Protection Clause. While the City has offered sufficient reasons for its policy of refusing to allow tenants to open their own water accounts and thus satisfied the rational basis test, the City's practice of terminating water service to tenants when a landlord failed to pay the water bill was not rationally related to a legitimate government interest. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings.