porno porno izle sikis

Kukui Gardens Association v. Jackson

Current residents of Honolulu, Hawaii property sought to prevent owner from prepaying its HUD-insured mortgage and selling the property to a private party. Plaintiffs sought declaratory and injunctive relief to challenge HUD’s prepayment policy and enjoin the application of the policy to the property under Section 250(a) of the National Housing Act of 1937 (12 U.S.C. §1715z-15), the U.S. Housing Act (12 U.S.C. §1701t) and the Fair Housing Act (42 U.S.C. §3608). Before a ruling was issued, the parties agreed to a settlement whereby approximately half of the units would be sold to a nonprofit and preserved as affordable housing.

1. Complaint (PDF)

Claims include:

* HUD failed to comply with the requirements of Section 250(a) of the National Housing Act by allowing a prepayment on a project that continues to meet a need for rental housing for lower income families
* HUD failed to act consistently with the national housing goals set forth in 42 U.S.C. §1441, 12 U.S.C. §1701(t) and 42 U.S.C. §1441(a) by adopting a mortgage prepayment policy which contributes to the worsening of the housing crisis for lower income families
* HUD violated the Administrative Procedures Act by acting contrary to the National Housing Act
* Prepayment would violate 42 U.S.C. § 3604

2. Owner's Answer (PDF)

* Section 250 does not apply to Kukui Gardens because it is not a low income project
* Section 250 does not apply to Kukui Gardens because it was adopted after execution of the Kukui Gardens note, mortgage and Regulatory Agreement

3. Owner's Memorandum in Support of Motion to Dismiss FACE (PDF)

* FACE does not have standing to sue
* Any fair housing claim plaintiffs might have against HUD must be brought under the rubric of the APA, not in this court

4. Tenants' Memorandum in Opposition to Motion to Dismiss (PDF)

* Because KGA’ standing is not questioned, a case will continue to exist, so FACE’s standing is not an issue
* There is an express statutory right of action against HUD for violation of several provisions of the Fair Housing Act under 42 U.S.C. § 3613

5. Tenants' Memorandum in Support of Motion for Preliminary Injunction (PDF)

* Plaintiffs seek a preliminary injunction that would prohibit HUD’s approval of the prepayment
* HUD has ignored Section 250(a) by stating a finding that “the project is no longer meeting a need for rental housing for lower income families” is not necessary for HUD approval of a prepayment request
* Kukui Gardens is low income rental housing
* As a result of prepayment, rents may increase and protections provided by HUD regulations will be lost
* Plaintiffs will succeed on their Section 250 claim because the language of Section 250 is clear and unambiguous as to HUD’s duties
* Plaintiffs will suffer irreparable harm if injunctive relief is not granted

6. Owner's Memorandum in Support of Motion for Summary Judgment (PDF)

* Prepayment and sale is consistent with HUD’s Congressional mandate to provide for adequate, safe, and sanitary housing for low income families because it would enable KGC to make the necessary repairs and rehabilitation
* Plaintiffs lack standing and bear the burden of establishing standing
* As long as the owner executes a use agreement ensuring use for low income housing, HUD is making the required determination that the property is no longer needed

ankara escort istanbul escort bayan
ankara escort istanbul escort bayan