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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 2

Citation
§ 2
Parent Document
Eunice Samuels, Lorraine Warren v. District of Columbia, 770 F.2d 184 (1985)
Effective Date
1985-08-06

Other Sections in This Document (234)

Full Text

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In conclusion, we wish to emphasize the limits of our holding in this ease. We conclude only that the complaint before us states a claim upon which relief can be granted under section 1983. In enacting section 1437d(k), Congress clearly determined that the unique problems of federally-funded public housing required a federally-imposed administrative grievance forum for a wide range of tenant grievances. The defendants’ alleged systematic failure to provide public housing tenants an administrative forum for complaints of inadequate maintenance and repair violates that mandatory federal obligation as expressed in both the Act and its accompanying regulations. Moreover, nothing in the language, structure or legislative history of the Act indicates that Congress intended to foreclose the enforcement of that obligation in a section 1983 action. If the plaintiffs - can in fact prove that the District’s public housing officials have system *202