Brooks

Brooks v. Golden Feather Realty Services, Inc.

Good Law
60 F. App'x 150
United States Court of Appeals for the Ninth CircuitMarch 13, 2003Nos. 02-15719, 02-16789; D.C. No. CV-02-00268-FCDCalifornia394 words

Opinion

Lead Opinion

MEMORANDUM **

John O. Brooks appeals pro se the district court’s judgment dismissing his action alleging that Golden Feather Realty Services, Inc. (“Golden Feather”) violated certain rules and regulations promulgated by the Department of Housing and Urban Development (“HUD”), and the Administrative Procedure Act (“APA”), by prohibiting real estate brokers, including Brooks, from conducting open houses in HUD homes. We have jurisdiction under 28 U. S.C. § 1291. After de novo review, *151 Schmier v. U.S. Ct. of Appeals for the Ninth Circuit, 279 F.3d 817, 824 (9th Cir.2002), we affirm.

Brooks’s contention that Golden Feather violated HUD Property Disposition Handbook, Directive No. 4310.5 REV-2, by prohibiting open houses is without merit. The Directive provides only that real estate brokers “may request permission to hold an open house on any property available for sale,” not that the brokers are entitled to conduct such open houses, and HUD Notice H 99-4 did not modify this provision. Similarly, the district court properly concluded that Golden Feather’s decision to prohibit open houses did not violate 24 C.F.R. pt. 291, because those regulations do not confer any right on real…

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