Underwood v. Hills
Decision Date | 08 June 1976 |
Docket Number | Civ. A. No. 76-469. |
Citation | 414 F. Supp. 526 |
Parties | Myrna UNDERWOOD et al., Plaintiffs, v. Carla A. HILLS, Individually and in her official capacity as Secretary of the United States Department of Housing and Urban Development and H. R. Crawford, Individually and in his official capacity as Assistant Secretary for Housing Management of the United States Department of Housing and Urban Development, Defendants. |
Court | U.S. District Court — District of Columbia |
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Paul T. Michael, Dept. of Justice, Washington, D. C., for defendants.
This is a nationwide class action brought by tenants in federally subsidized, multifamily housing projects to obtain an operating subsidy enacted by Congress in 12 U.S.C. § 1715z-1(f)(3) and (g) to enable these projects to keep pace with mounting utility bills and local property taxes and at the same time to maintain rents at and to reduce rents to levels appropriate for lower income tenants. Faced with comparable actions, at least nine district courts throughout the United States have already held that payment of this operating subsidy is mandatory. This Court agrees and enters the following Findings of Fact and Conclusions of Law.
1. Each of the named plaintiffs is a tenant in a housing project federally subsidized pursuant to 12 U.S.C. § 1715z-1, and each pays more than 30% of his or her adjusted monthly income for rent. Costs of local property taxes and utilities have increased in each of the housing projects in which the named plaintiffs reside, and such increased costs have been or will be passed on to the named plaintiffs in the form of increased rents.
2. Plaintiffs represent a nationwide class of similarly situated tenants. The class is so numerous that joinder of all members is impracticable; there are more than 3,600 federally subsidized housing projects in the United States which are eligible for additional assistance payments for operating subsidies. There are questions of law and fact common to the class; the central issue of this case which is common to all class members is whether the defendant has a mandatory duty to implement the operating subsidy provisions of 12 U.S.C. § 1715z-1(f)(3) and (g). The claims of the named plaintiffs are typical of the class in that the named plaintiffs claim that they are being illegally required to bear the financial burden of increasing costs of property taxes and utilities in their housing projects which HUD is required by law to subsidize. The named plaintiffs will fairly and adequately protect the interest of the class. Defendant has acted on grounds generally applicable to the class by illegally refusing to implement the operating subsidy program nationwide, thereby making appropriate final injunctive and declaratory relief with respect to the class as a whole.
3. The cost of local property taxes and utilities in most housing projects nationwide which are federally subsidized pursuant to 12 U.S.C. § 1715z-1 have increased since the projects first became fully occupied. These increased costs have been passed on to plaintiffs and the class they represent in the form of increased rents or will be so passed on if operating subsidies are not paid, with the result that plaintiffs and members of the class have been or will be required to pay more than 30% of their adjusted monthly income for rent.
4. Defendant Carla Hills is the Secretary ("Secretary") of the Department of Housing and Urban Development ("Department") and is responsible for executing, personally and through subordinates, 12 U.S.C. § 1715z-1 (Section 236).
5. The matter in controversy as to each plaintiff exceeds the sum of $10,000, exclusive of interest and costs, and arises under Section 236 6. Congress enacted the National Housing Act to provide adequate housing to "families with incomes so low they could not otherwise decently house themselves. . . ." 12 U.S.C. § 1701t. Section 236 is intended to further this goal by authorizing the Secretary to make interest reduction payments to mortgagees and to insure mortgages of Section 236 projects on behalf of the owner/mortgagors. 12 U.S.C. § 1715z-1(a) and (j). This subsidy, commonly referred to as the "production subsidy," enables project owners to charge lower rents to the tenants, since the subsidy results in lower operating costs. In return for the benefits of interest reduction payments and mortgage insurance, the project owners are strictly regulated in the rents that they may charge and the profits that they may make. See id., § 1715z-1(f)(1) and (e); 24 C.F.R. § 236.55; FHA Form No. 3136, ¶ 4(a), (b), (c), (l), and 6(e)(1).
7. In 1974 Congress enacted the Housing and Community Development Act, Pub.L. 93-383, 88 Stat. 633, which added Section 236(f)(3) and amended Section 236(g) so as to provide for an "operating subsidy" — in addition to the production subsidy — to cover increased utility costs and local property taxes and thereby prevent such costs from being passed on to tenants. 12 U.S.C. § 1715z-1(f)(3) and (g). Section 236(f)(3) provides in pertinent part:
12 U.S.C. § 1715z-1(f)(3).
Section 236(g) provides:
12 U.S.C. § 1715z-1(g).
8. The Housing and Community Development Act of 1974 also amended Section 236 to provide for a "deep subsidy" in addition to the production subsidy. The deep subsidy is a type of rent supplement paid to owners of projects made subject to contracts under Section 236 after August 22, 1974, generally on behalf of tenants whose incomes are too low to afford basic rentals with 25 percent of their income. 12 U.S.C. § 1715z-1(f)(2).
9. In light of rising operating costs that were jeopardizing the viability of many projects, the Senate Banking, Housing and Urban Affairs Committee proposed the operating subsidy amendments to Section 236 specifically "to prevent excessive rent increases and assist sponsors in meeting increases in operating costs beyond their control. . . . ." S.Rep. No. 93-693, 93rd Cong., 2d Sess. (1974), 3 U.S.Code Cong. & Admin.News, pp. 4273, 4302 (1974). The Committee explained:
Id. at 4303.
Without proposing a solution, the House Committee on Banking and Currency similarly observed:
H.S.Rep. No. 1114, 93rd Cong., 2d Sess. 21 (1974).
The operating subsidy program was intended to solve these problems. In the Secretary's own words, "The operating subsidy amendments were enacted to alleviate the financial hardships, generated by escalating utility rates and tax increases, which threaten the owners of HUD subsidized, multifamily projects and the tenants residing in those projects." Affidavit of Carla Hills, sworn to on March 23, 1976, ¶ 8, filed in this case.
10. The excess rental reserve fund created under Section 236(g) contained at least...
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...585 (D.C.1979). Understandably, one of these was a nationwide class action filed in the District of Columbia. See Underwood v. Hills, 414 F.Supp. 526, 528 (D.D.C.1976). In Underwood, Judge Pratt, on June 8, 1976, issued a permanent injunction compelling HUD to make operating subsidy payment......
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