Housing Authority v. City of Oakland

Petitioner authority seeks mandamus to compel respondent city and its council to perform acts required by a cooperation agreement. The authority is a state *772 agency organized under the Housing Authorities Law (Health & Saf. Code, §§ 34200 et seq.). That law, the Housing Cooperation Law (Health & Saf. Code, §§ 34500 et seq.) and the Federal Low Rent Housing Act of 1937 ( 42 U.S.C.A. § 1401 et seq.) govern construction and application of the agreement.

Following the city council’s approval of a project for construction of low-cost housing in Oakland, petitioner and respondent city executed a cooperation agreement January 24, 1950. This agreement was reaffirmed January 19, 1960. As modified, it provides for 506 housing units to be built by petitioner. The parties agreed upon a list of approved construction sites, and from time to time modified this list by agreement. Some 401 housing units have been built or are in course of construction on four approved sites. In 1962, petitioner sought the city’s approval of a site known as Tassafaronga Village for construction of the remaining 105 units. The request was approved by the city planning commission, but in April failed of approval…