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LOVE v. UNITED STATES DEPT. OF HUD

No. 82-5061.

704 F.2d 100 (1983)

Lutul LOVE and Larry Brown on their own behalf, and on behalf of all others similarly situated, Appellees, v. UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, Samuel Pierce, Secretary U.S. Department of Housing & Urban Development and D & M Associates, Melvin Pugatch, Allegheny Management Company and Richard and Paula Gilliam, on behalf of themselves and all others similarly situated and Broadhead Fording Associates and Broadhead Associates. Appeal of UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and Samuel Pierce.

United States Court of Appeals, Third Circuit.

Decided March 31, 1983.

As Amended April 8 and August 19, 1983.

Attorney(s) appearing for the Case

Donald Driscoll (argued), Neighborhood Legal Services Ass'n, Pittsburgh, Pa., for appellees.

J. Paul McGrath, Asst. Atty. Gen., J. Alan Johnson, U.S. Atty., Anthony J. Steinmeyer, Margaret E. Clark (argued) Attys., Civ. Div., U.S. Dept. of Justice, Washington, D.C., for appellants; Howard M. Schmeltzer, Claudia J. Harris, Dept. of Housing and Urban Development, Washington, D.C., of counsel.

Before WEIS and BECKER, Circuit Judges, and CAHN, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

At issue in this appeal is that part of a district court order which requires appellant Secretary of Housing and Urban Development ("HUD") to implement a tenant-comment procedure for identifying unreasonable provisions in leases of federally subsidized housing. Because we find that neither the governing statute nor HUD's own rulemaking regulations provide for this additional procedure, we will reverse that part...

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