HUD Renovation Rule Unconstitutional

February 1, 2008

LVT Number: #20167

Tenants in HUD-owned subsidized housing sued landlord claiming due process violations. HUD had obtained the building through foreclosure and decided that the apartments needed substantial rehabilitation. HUD, as landlord, then started eviction proceedings in housing court. A HUD rule regulating renovation, 24 CFR 247.10, states that the agency didn't have to state a reason when demanding that tenants of foreclosed apartments leave to permit substantial rehabilitation. The court ruled for tenants.

Tenants in HUD-owned subsidized housing sued landlord claiming due process violations. HUD had obtained the building through foreclosure and decided that the apartments needed substantial rehabilitation. HUD, as landlord, then started eviction proceedings in housing court. A HUD rule regulating renovation, 24 CFR 247.10, states that the agency didn't have to state a reason when demanding that tenants of foreclosed apartments leave to permit substantial rehabilitation. The court ruled for tenants. HUD can't evict tenants without telling them why and giving them a chance to oppose HUD's plan in an administrative action before starting eviction proceedings. To do so would be unconstitutional.

Linares v. Jackson: NYLJ, 1/9/08, p. 33, col. 1 (E.D.N.Y.; Block, J)

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