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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The government's interest in reviewing the mortgagor's rent-setting decisions may on occasion coincide with the desires of particular tenants to moderate rents, and the Secretary's use of the power to review rent increase proposals may also promote tenants' welfare. Nevertheless, the interests of tenants and that of the government are analytically distinct. It is our view, on this record, that neither Congress nor the Secretary intended to establish a program of rent control for the purpose of protecting resident tenants.20 Whatever protection tenants in fact derive from the process of review they receive as incidental beneficiaries, and this interest is insufficient to support a claim of right to be heard either under the statute or under the due process clause.21 20
Affirmed. FAHY, Senior Circuit Judge, dissenting:

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