Goldammer

This consolidated appeal concerns the prepayment of a Section 515 loan by owners of low-income housing in Oregon contrary to the prepayment procedures required by the Emergency Low Income Housing Protection Act of 1987, 42 U.S.C. § 1472 (“ELIHPA”). Appellants are residents who presently live in this housing property.

First, they appeal the district court’s denial of their motion to intervene in a quiet title lawsuit, DBSI/TRI IV Limited Partnership, et al. v. United States, No. 04-36066, between the property owners and the Rural Housing Service (“RHS”), an administrative division of the United States Department of Agriculture. Second, appellants appeal the district court’s grant of summary judgment in favor of the owners and RHS in appellants’ Administrative Procedure Act (“APA”) claim, which alleged that RHS accepted prepayment on a Section 515 loan in violation of ELIHPA.

We affirm the district court’s denial of appellants’ motion to intervene in the quiet title lawsuit because their interests are sufficiently protected by their APA lawsuit. However, because the district court misconstrued our holding in Kimberly Associates v. United States, 261 F.3d 864 (9th Cir.2001), we…