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Charleston Housing Authority v. U.S. Department of Agriculture
Nos. 04-1884, 04-2620 (8th Cir. Aug. 18, 2005) ; Clearinghouse Number: 54423
Description
Preservation Act’s Prepayment Restrictions Prevail Over Prepayment Rights Established by Section 515 Contract, Eighth Circuit Holds
Abstract
The Eighth Circuit upheld the validity of the Emergency Low-Income
Housing Preservation Act’s prepayment restrictions, even
though they directly conflicted with established contractual rights
to prepay Section 515 Rural Rental Housing loans. In 1981 housing
authority financed the purchase of an apartment building with a
Section 515 loan. The loan agreement required housing authority to
operate the property as public housing and granted it an
unconditional right to prepay the loan. The Preservation Act,
passed in 1987, required an assessment of whether prepayment would
adversely affect minorities or leave displaced tenants without
adequate, safe housing before prepayment was allowed. In
2000–2001, as part of its plan to vacate and demolish the
apartment building, housing authority attempted to tender final
payment on its Section 515 loan to eliminate the contractual
restrictions on the apartments’ use. When the U.S. Department
of Agriculture (USDA) refused to accept the payment, housing
authority sued. Ruling against housing authority, the district
court determined that the Preservation Act applied, the tendered
final loan payment was a prepayment under the Act, and the Act
precluded USDA’s acceptance of the prepayment unless housing
authority first followed the Act’s protocol for preservation
of public housing. In a separate multicount action against both
housing authority and USDA as well as the U.S. Department of
Housing and Urban Development, current and former apartment
residents and a nonprofit housing organization sought to prevent
housing authority from implementing its demolition plan. The
district court enjoined the plan’s implementation and ordered
housing authority to lease vacant units to eligible applicants.
Housing authority appealed both cases. The Eighth Circuit,
rejecting housing authority’s arguments that the loan
agreement’s terms rather than the Preservation Act’s
requirements controlled and agreeing with the district court that
residents established that housing authority’s plan had a
disparate impact on minorities in violation of the Fair Housing
Act, affirmed all of the district court’s decision other than
the scope of the injunctive relief and remanded the case for
further proceedings on injunctive relief.
