Section 2

Citation: Section 2
Parent Document: Thorpe v. Housing Authority of Durham, 393 U.S. 268 (1969)
Jurisdiction: United States (federal)
Effective Date: 1969-02-24
Original Source: https://www.courtlistener.com/opinion/107814/thorpe-v-housing-authority-of-durham/ ↗

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Finding that the circular was intended to be mandatory does not, of course, determine the validity of the requirements it imposes.[25] In our opinion remanding this case to the Supreme Court of North Carolina to consider the HUD circular's applicability, we pointed out that the circular was issued pursuant to HUD's rule-making power under § 8 of the United States Housing Act of 1937,[26] which authorizes HUD[27] "from time to time [to] make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this Act."[28] The Housing Authority argues that this authorization is limited by the Act's express policy of "vest[ing] in the local public housing agencies the maximum amount of responsibility in the administration of the low-rent housing program, including responsibility for the establishment of rents and eligibility requirements (subject to the approval of . . . [HUD]), with due consideration to accomplishing the objectives of this Act while effecting economies."[29] But the HUD circular is not inconsistent with this policy. Its minimal effect upon *278 the Authority's "responsibility in the administration" of McDougald Terrace is aptly attested to by the Authority's own description of what the circular does not require:

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