Section 4625

Citation: Section 4625
Parent Document: Cole v. Harris, 187 U.S. App. D.C. 156 (1977)
Jurisdiction: United States (federal)
Effective Date: 1977-11-14
Original Source: https://www.courtlistener.com/opinion/7891523/cole-v-harris/ ↗

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My colleagues’ position in interpreting the statute here is not only directly contrary to that of the Second Circuit in Caramico but is also in direct conflict with the Seventh Circuit in Alexander v. HUD.21 Alexander involves the now familiar story of an apartment project in default on the loan, continuing default, HUD foreclosure and taking over the property. The River-house apartment complex was plagued by unsafe conditions, nonpayment of rent, and excessive cost of bringing the project into good condition — remarkably similar to Sky Tower here. HUD then did precisely what it did here, i. e., caused notices to vacate to be served on all tenants. The plaintiff tenants sought relocation benefits, asserting that the notice to vacate made them eligible for benefits afforded to “displaced persons” within the meaning of the Act. The District Court granted summary judgment for the defendant HUD, holding that the Act was inapplicable to the closing of the River-house project, and making the same analy*171sis of the statute that the Second Circuit had made in Caramico and that I have urged here.

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