Frank Sicuro v. Patricia R. Harris, as Secretary of the United States Department of Housing and Urban Development
Opinion
Opinion
The Secretary of Housing and Urban Development (Secretary) appeals from a district court order requiring her to implement the rent supplement provisions of the National Housing Act at the Woodland Terrace Apartments (WTA).
We reverse.
The Woodland Terrace Apartments are a 79 unit housing project for low income families. The project was built in 1970-71 with federal subsidy assistance under the “Section 236” program of the National Housing Act (Act). 12 U.S.C. § 1715z-l. Under that program, no tenant in a Section 236 project should have to pay more than the “basic rent” (as defined by the Act) or 25% of his or her “adjusted income,” whichever is higher. The Act establishes a number of subsidiary programs which are designed to achieve that goal.
This appeal concerns one subsidiary program, known as the “rent supplement payments program.” 12 U.S.C. § 1701s. Under that program; the Secretary
Rent supplement payments have never been made on behalf of anyone living at WTA. Since July 1975, however, many of the residents have been charged rents which exceed both 25% of their adjusted incomes and the “basic rent.” In some cases rents are as much as 50% of adjusted incomes.