DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041884P.pdf 08/18/2005 Charleston Housing v. USDA
U.S. Court of Appeals Case No: 04-1884
and No: 04-2620
Eastern District of Missouri
[PUBLISHED] [Melloy, Author, with Murphy and Bright, Circuit
Judges]
Civil case - Public Housing. The Section 515 contract between the
Housing Authority and HUD was subject to the payment protocols
established in the Emergency Low Income Housing Preservation Act and
any attempt to prepay the loan covering the housing units in question had
to comply with the protocols; questions concerning whether the housing
authority's plans to close and demolish the housing was not moot; district
court did not err in finding that the tenants in the housing had established
a prima facie case that closing the units would have a disparate impact on
minorities; housing authority failed to demonstrate that its proposed
actions had a manifest relationship to legitimate non-discriminatory
policy objectives and was justifiable on the ground it was necessary to
achieve those objectives; case remanded for further proceedings on the
nature of the relief to be granted.