Parker v. Fleming

Background

The dispute involved tenants of a New York apartment house and their landlords. The landlords asked the Area Rent Director for a special certificate that would allow them to start eviction lawsuits. The Area Director denied the certificate after hearings, finding the landlords had not met the rules and had engaged in evasion and fraud. The Price Administrator then reversed and ordered the certificate issued. The tenants protested the Administrator’s action, the Administrator dismissed their protest, and a federal court said the tenants could not seek review because they were not "subject to" the Administrator’s order.

Reasoning

The core question was whether people who would be evicted are "subject to" an administrative order and so may protest and obtain judicial review. The Court explained that the law limited broad protests of general price rules, but that limitation did not apply where an order would immediately, substantially, and adversely affect specific individuals. Tenants facing eviction would have to move or defend an eviction in state court. Because the certificate would force them to act and would sharply affect them, the Court held they were "subject to" the order and entitled to protest and judicial review.

Real world impact

The decision allows tenants who would be evicted under a special eviction certificate to have their protests heard and to seek review in the Emergency Court of Appeals. It does not decide whether the underlying regulations or the eviction certificate are lawful on the merits; it simply permits judicial review so those questions can be considered. This preserves a procedural route for individuals most directly harmed to challenge administrative eviction authorizations.

Dissents or concurrances

The Chief Justice, Justice Frankfurter, and Justice Burton dissented from the Court’s decision. The opinion notes their disagreement but does not detail their arguments in this text.