Boles v. Earl
| Decision Date | 24 January 1985 |
| Docket Number | No. 84-C-771-C.,84-C-771-C. |
| Parties | Ruth BOLES and Barbara Oswald, on their own behalf, and on behalf of all others similarly situated, Plaintiffs, v. Anthony EARL, Governor of the State of Wisconsin, and Linda Reivitz, Secretary of the Department of Health and Social Services, Defendants. |
| Court | U.S. District Court — Western District of Wisconsin |
COPYRIGHT MATERIAL OMITTED
A. John Wabaunsee, Western Wisconsin Legal Services, LaCrosse, Wis., for plaintiffs.
Donald P. Johns, Asst. Atty. Gen., Madison, Wis., for defendants.
This is a civil action in which plaintiffs seek declaratory and injunctive relief for defendants' allegedly unlawful administration of the Wisconsin Low Income Energy Assistance Program (LIEAP), established pursuant to the Low-Income Home Energy Assistance Act of 1981, 42 U.S.C. §§ 8621-8629. Plaintiffs Boles and Oswald, who receive federal rent subsidies under the Section 8 Existing Housing Program, 42 U.S.C. § 1437f, and Section 4 New Housing Program, 42 U.S.C. § 1437b, respectively, challenge defendants' complete exclusion of residents of subsidized housing from LIEAP in 1983-84, and delays in eligibility and possible partial exclusion for 1984-85. Plaintiffs seek to have this action certified as a class action and seek a preliminary injunction concerning the administration of LIEAP during the 1984-85 heating season.
From the uncontroverted allegations of the complaint, and the affidavits and depositions submitted by the parties, and for the sole purpose of deciding these motions, I find that there is no genuine issue as to the following material facts.
Plaintiff Ruth Boles rents a privately owned residence in Whitehall, Wisconsin. Her rent is subsidized by the Trempealeau County Housing Authority under the Federal Housing Authority's Section 8 Existing Housing Program. 42 U.S.C. § 1437f; 24 C.F.R. Part 882. Included in her rent subsidy is an allowance for utility costs. The effect of this allowance is to increase the amount of the federal rent subsidy for her apartment. Plaintiff Boles pays for fuel oil to heat her house and also pays for her own electricity. In December, 1983, plaintiff Boles contacted the Trempealeau County Department of Social Services for an application for LIEAP benefits. Her application was denied on the grounds that it was state policy not to provide LIEAP payments to residents of federally subsidized housing, or to persons who received subsidies for their rent.
Plaintiff Barbara Oswald resides in the Kilbourn Apartments in Tomah, Wisconsin. The Kilbourn Apartments were constructed with a loan from the Farmer's Home Administration (FmHA) for low income rural rental housing. 42 U.S.C. § 1486. Plaintiff Oswald receives a rent subsidy from the Federal Housing Administration under the Section 4 New Housing Program, 42 U.S.C. § 1437b; 24 C.F.R. Part 880. Her apartment is heated by electricity. Included in her rent subsidy is an allowance for utility costs. The utility allowance reduces plaintiff Oswald's rent, but she is responsible for her electric bill. In the fall of 1983, plaintiff Oswald contacted the Monroe County Department of Social Services concerning an application for low income energy assistance. She was told that she was not eligible.
Plaintiffs Boles and Oswald receive Aid to Families with Dependent Children for themselves and their minor children residing in their home. Both plaintiff Boles' and plaintiff Oswald's heating costs exceed the utility allowance provided to them. Plaintiff Boles receives AFDC payments of $594.00 per month and lives in a household of four persons. She receives a total rent subsidy of $121.00 per month.
Defendant Anthony Earl is the governor of the State of Wisconsin and as such is responsible for enforcing the laws of the State of Wisconsin and ensuring state compliance with laws of the United States. Pursuant to 42 U.S.C. § 8624(a)-(c), the Chief Executive Officer of each state which applies for low income energy assistance must certify in that state's application that the state will comply with the specified statutory conditions in the development of the state plan and the distribution of assistance.
Defendant Linda Reivitz is the Secretary of the Department of Health and Social Services and as such was charged with the drafting and administration of the 1983-84 LIEAP plan and is responsible for the drafting and operation of the 1984-85 LIEAP plan. At all relevant times the defendants were acting under the color of state law.
The Low Income Home Energy Assistance Program is a federal block grant program authorized under the Low-Income Home Energy Assistance Act of 1981, 42 U.S.C. § 8621 et seq. The program is intended to assist low income households in meeting the high costs of energy and these households' emergency energy-related needs. The Low Income Home Energy Assistance Program is administered by the United States Department of Health and Human Services.
The amount of LIEAP money allocated to each state is based on a formula which takes into consideration the severity of weather in the state, the aggregate residential energy expenditures in the state, and the number of low income residents of the state. This formula seeks to assure that each state receives the funds minimally necessary to assist low income residents to meet a portion of their energy costs. Pursuant to this formula, approximately $64 million of LIEAP fund was allocated to the State of Wisconsin for FY 1984 and the State of Wisconsin anticipates that the allocation for FY 1985 is $74 million. In addition, the State of Wisconsin had $6.5 million of unspent FY 1983 funds to spend in 1984 and has $11.8 million available for LIEAP from unspent FY 1984 funds. The State of Wisconsin had $70.5 million to spend on LIEAP in FY 1984 and estimates that there will be approximately $85.8 million available for the LIEAP program for FY 85 or the 1984-85 heating year.
The Department of Health and Social Services estimates that at least 6,300 Wisconsin households living in subsidized housing would be eligible for LIEAP payments apart from their receipt of rent subsidies Deposition of Mary Southwick at pp. 23-24.
For the 1983-84 heating year, tenants who received any form of federal assistance for housing costs were denied eligibility for LIEAP payments. The Income Maintenance Manual issued by the Department of Health and Social Services excluded tenants residing in subsidized housing from eligibility. Deposition of Peter Pawllisch, Exhibit 1.
Pursuant to 42 U.S.C. § 8624(b), the Department of Health and Social Services prepared a draft plan for submission to the federal government in order to obtain funds under the Low-Income Home Energy Assistance Act (LIHEAA) for the 1984-85 heating season. Prior to the expenditure of any funds received from the federal government under this act, the plan must be approved by the Joint Committee on Finance of the Wisconsin Legislature Deposition of Mary Southwick at pp. 6-7. The Department of Health and Social Services submitted its draft plan to the Joint Committee on Finance on August 15, 1984. The plan provided that residents of federally subsidized housing would be eligible for LIEAP payments Deposition of Peter Pawlisch, Exhibit 3.
On September 6, 1984, the Joint Committee on Finance met to consider the approval of the Wisconsin application for LIEAP funds. Representative Mary Lou Munts, the co-chairperson of the Joint Committee on Finance, moved to amend the LIEAP plan as follows:
Motion: Move to modify the department's 1985 proposal by establishing an effective date of February 15, 1985, for LIEAP eligibility for residents of subsidized housing. Further, direct the department to submit a report to the Joint Committee on Finance by January 1, 1985, regarding options to achieve greater benefit equity between those LIEAP residents who reside in subsidized housing and those who do not.
This motion was adopted by a unanimous vote of the Joint Committee on Finance and acted as an amendment to the plan submitted by the state.
The effect of the action taken by the Joint Committee on Finance is that subsidized housing residents will not receive any LIEAP payments until February 15, 1985, or the date on which the Joint Committee on Finance takes action on the report submitted by the Department of Health and Social Services, whichever is earlier. Deposition of Mary Southwick at p. 36. Residents in nonsubsidized housing may begin to receive payments as of December, 1984 Deposition of Mary Southwick at p. 36. Residents in subsidized housing may have their payments reduced or eliminated, depending on the action taken by the Joint Committee on Finance, but the Department of Health and Social Services will attempt to prevent residents in subsidized housing from losing payments because funds have run out prior to February 15, 1985 Deposition of Mary Southwick at pp. 42, 46, 52.
Financial eligibility for LIEAP payments is determined by comparing income to a percentage of the poverty level. If a household's income is below 105% of the poverty level, it is entitled to a payment of $337.00. If its income is between 105% and 150% of the poverty level, it is entitled to a payment of $235.00. For a household of four, 105% of the poverty level is $893.00 per month and 150% of the poverty level is $1,275.00 per month. Deposition of Peter Pawlisch, Exhibit 4.
OPINIONBefore resolving the issues raised by the parties, I must resolve jurisdictional issues even though they are not raised by the parties. Federal Rules of Civil Procedure Rule 12(h)(3); Sadat v. Mertes, 615 F.2d 1176, 1188 (7th Cir.1980). Two jurisdictional issues are present in this case: the existence of a federal cause of action and ripeness.
Plaintiffs claim that defendants violated provisions of the Low-Income Home Energy Assistance Act, 42 U.S.C. §§ 8621-8629. This act does not expressly provide for a private...
To continue reading
Request your trial
-
Jeanine B. By Blondis v. Thompson
...23(a). With thousands of potential class members, the plaintiffs have met the requirement of numerosity. See, e.g., Boles v. Earl, 601 F.Supp. 737, 745 (E.D.Wis.1985). The defendants have not disputed this fact. Additionally, while the members of the purported class do not share every quest......
- United States v. Reed
-
New York Airlines, Inc. v. Dukes County
...held to create enforceable rights. See Cohen v. Massachusetts Bay Transp. Authority, 647 F.2d 209, 210 (1st Cir.1981); Boles v. Earl, 601 F.Supp. 737, 743 (W.D.Wisc.1985); see also Wartelle and Louden, Private Enforcement of Federal Statutes: The Role of the Section 1983 Remedy, 9 Hastings ......
-
Meek v. Martinez, 87-1233-CIV.
...710 F.2d 1321, 1325-26 (8th Cir.1983) (preferential distribution of assistance to households with low incomes); accord Boles v. Earl, 601 F.Supp. 737, 743 (W.D.Wis.1985) 29. Parties seeking to enforce federal law pursuant to section 1983 need not affirmatively demonstrate that Congress inte......