San Diego Tenant Union v. San Diego Housing Commission CA4/1

INTRODUCTION

The San Diego Housing Commission (Housing Commission) appeals the trial court’s award of attorney fees to plaintiffs San Diego Tenant Union and Darlisa McDowell (Tenants). Tenants filed this lawsuit seeking to force the Housing Commission to increase housing-assistance payments in wealthier neighborhoods, claiming the failure to do so perpetuated segregation. Several years into the litigation, the Housing Commission voluntarily increased housing-assistance payments, and Tenants voluntarily dismissed the action. Tenants filed a motion for attorney fees, which the court granted. On appeal, the Housing Commission argues the trial court applied the wrong legal standards and otherwise erred in concluding Tenants were the successful parties. The Housing Commission also argues that its fee motion should have been granted because Tenants’ lawsuit was frivolous. We conclude the trial court did not abuse its discretion in granting Tenants’ fee motion and denying the Housing Commission’s. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Housing Commission’s Administration of the Section 8 Program The Housing Choice Voucher Program (Section 8 Program) is a program managed…