Section 220

Citation: Section 220
Parent Document: Tenants' Council of Tiber Island-Carrollsburg Square v. James Lynn, Individually and in His Capacity as Secretary of Housing and Urbandevelopment, 497 F.2d 648 (1973)
Jurisdiction: United States (federal)
Effective Date: 1973-12-20
Original Source: https://www.courtlistener.com/opinion/319420/tenants-council-of-tiber-island-... ↗

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. “HUD is always prepared to consider timely objections or contentions and supporting documentation submitted to HUD, concerning any matter (including such rent-increase-matters) under HUD consideration.” This is quoted in the Government’s brief (p. 13) as part of a letter from the United States Attorney to appellants’ counsel, dated 16 March 1973. The brief states: “While this letter is not a part of the record, it is obviously a document with which appellants are familiar, and reference to it falls within the teaching of United States v. Kearney, 136 U.S.App.D.C. 328, 331 n.4, 420 F.2d 170, 173 n.4 (1969).” Apart from permissibility of judicial consideration under Kearney it is so obviously part of the duty of HUD officials, under any elementary view of their functions, as to warrant judicial notice under the presumption of regularity. --- 040dissent by Fahy --- FAHY, Senior Circuit Judge,
dissenting:

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