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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Elizabeth Marshall v. James Lynn, Individually and in His Capacity as Secretary of Housing and Urban Development, 497 F.2d 643 (1973)

Citation
Elizabeth Marshall v. James Lynn, Individually and in His Capacity as Secretary of Housing and Urban Development, 497 F.2d 643 (1973)
Parent Document
Elizabeth Marshall v. James Lynn, Individually and in His Capacity as Secretary of Housing and Urban Development, 497 F.2d 643 (1973)
Effective Date
1973-12-20

Other Sections in This Document (49)

Full Text

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Tenants in housing financed under the predecessor § 221(d)(3) program, consisting only of FHA mortgage insurance without BMIR, stand in a different position. From the provision of FHA mortgage insurance alone we find it difficult to infer any Congressional intent to provide continuing benefits to tenants in the form of rent control. Provision of FHA insurance represented Government intervention in the market to assure credit, a provision that stimulated the construction of housing which might not otherwise have become available for occupancy. But it is not clear that Congress intended to establish a continuing program of controlled rents monitored for the protection of tenants. On the record before us we cannot be certain *648