Homer Clary v. Daryl Mabee, Samuel R. Pierce, Jr., Secretary of Housing and Urban Development (Hud) and Hud

Plaintiff-appellant is a tenant in a low income, privately owned housing project. His rent is subsidized under the United States Housing Act of 1937, as amended 42 U.S.C. § 1437 et seq. (1976 & Supp. V 1981). He filed this action challenging the method by which his monthly utility allowance is computed and claiming entitlement to further utility subsidization by the Department of Housing & Urban Development (HUD). He now appeals from the district court’s entry of summary judgment in favor of the government, and we affirm.

The project in which plaintiff resides is Portneuf Towers, a 72-unit one-bedroom apartment complex for the elderly in Poca-tello, Idaho. Portneuf Towers receives federal rent assistance payments under section 8 of the Housing Act, 42 U.S.C. § 1437f, which makes privately owned housing available to lower income families. Under section 8, HUD provides subsidies to apartment owners, either directly by contract, or, as in this case, indirectly, through a contract between the owner and the state *1308 housing agency. 42 U.S.C. § 1437f(b)(2). The agency in Idaho is the Idaho Housing Authority (IHA).

Under the statutory subsidization scheme, an “annual contribution…

concurring:

I concur that the judgment of the district court should be affirmed but do so on the basis that the issue involved in this case is beyond judicial review. Although the question is not free from doubt, it seems to me that Congress intended the ultimate decision-making authority in this area to be the administrative agency rather than the courts. See Frakes v. Pierce, 700 F.2d 501 (9th Cir.1983).

709 F.2d 1307 Homer CLARY, Plaintiff-Appellant, v. Daryl MABEE, Samuel R. Pierce, Jr., Secretary of Housing and Urban Development (HUD) and HUD, Defendants-Appellees. No. 82-3205. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 10, 1983. Decided July 6, 1983. Andrew C. Thomas, Idaho Legal Aid Services, Inc., Caldwell, Idaho, for plaintiff-appellant. Jonathan Strong, Trial Atty., U.S. Dept. of Housing & Urban Development, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the District of Idaho. Before WALLACE, ANDERSON, and SCHROEDER, Circuit Judges. SCHROEDER, Circuit Judge. 1 Plaintiff-appellant is a tenant in a low income, privately owned housing project. His rent is subsidized under the United States Housing Act of 1937, as amended 42 U.S.C. Sec. 1437 et seq. (1976 & Supp. V 1981). He filed this action challenging the method by which his monthly utility allowance is computed and claiming entitlement to further utility subsidization by the Department of Housing & Urban Development (HUD). He now appeals from the district court's entry of summary judgment in favor of the government, and we affirm. 2 The…