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Hines v. Charleston Housing Authority

No. 1:01CV00070CDP (E.D. Mo. Filed 2001), sub nom. Owens v. Charleston Hous. Auth., 336 F.Supp. 2d 934 (E.D. Mo. 2004), aff’d sub nom. Charleston Hous. Auth. v. U.S.D.A., 419 F.3d 729 (8th Cir. 2005).
Individual tenants and a housing advocacy organization challenged prepayment of 515 FmHA financing and proposed termination of Section 8 contract and demolition. Claims included violation of Rural Rental Housing statutes, violation of Section 515 loan resolution, note and deed of trust, improper notice of Section 8 HAP contract termination, and fair housing discrimination and affirmatively furthering claims. While rejecting various statutory claims, the court found that the PHA's opt-out and demolition plan had a discriminatory impact in violation of the Fair Housing Act, and ultimately ordered the PHA to repair and rent the property. The Eighth Circuit affirmed the District Court’s ruling on the Fair Housing Act claim, as well as its ruling on the owner’s claim against the government that had upheld the validity of ELIHPA, while remanding for further proceedings regarding appropriate injunctive remedies.

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