Baggett

Baggett v. Housing Authority

Good Law
195 Cal. App. 3d 383·1987 Cal. App. LEXIS 2197·240 Cal. Rptr. 640
Court of Appeal of CaliforniaOctober 6, 1987No. B021870California2,136 words

Opinion

Lead Opinion

Thompson, J.

*385 Opinion

The Housing Authority of the City of Los Angeles (Housing Authority) appeals from that part of a judgment granting a writ of mandate which ordered it to discontinue its interpretation and application of a federal regulation, promulgated by the United States Department of Housing and Urban Development (HUD), governing the period of time in which an eligible family must find suitable private housing and a landlord willing to rent to it under the rent assistance program established by section 8 (Section 8) of the United States Housing Act of 1937 ( 42 U.S.C. § 1437 et seq.), as amended by the Housing and Community Development Act of 1974.

The regulation in question is 24 Code of Federal Regulations section 882.209(d)(1) (1986), which provides: “The Certificate of Family Participation shall expire at the end of 60 days unless within that time the Family submits a Request for Lease Approval.”

The Housing Authority had interpreted this regulation to mean that, even after a family had submitted a timely request for lease approval, the 60-day period of the certificate would continue to run its course and that, although the certificate would expire at the end of the 60-day…

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