Lizzie May Perry v. George W. Romney, Individually and in His Capacity as Secretary of Housing and Urban Development

This is an appeal from an order of the District Court for the Western District of Washington dismissing for lack of jurisdiction. We dismiss the appeal as moot.

This action seeking injunctive and damages relief against the Department of Housing and Urban Development (“HUD”) and its officials was commenced by the three named appellants on behalf of themselves and all other persons so situated. Appellants are all home purchasers who received assistance through the Federal Mortgage Insurance Program, 12 U.S.C. § 1715z (“§ 235 Housing”). The gravamen of the complaint was that HUD allegedly insured and subsidized under § 235 housing which did not conform with state and local housing codes.

After this action was filed, Congress enacted 12 U.S.C. § 1735b(b) [hereinafter § 518(b)], which provides a remedy for those situated such as appellants. Just before oral argument on this appeal, appellees moved to dismiss the appeal as moot. In connection with this motion, appellees, by way of affidavit, showed that the three named appellants had taken advantage of § 518(b) remedies. Appellants Perry and Coleman had exchanged their allegedly defective § 235 houses for other § 235 houses which,…