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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Reverend Chester C. Thompson, Individually and on Behalf of All Others Similarly Situated v. Walter E. Washington, Individually and as Commissioner of the District of Columbia and as "The Authority" of the National Capitol Housing Authority Under Executive Order Elizabeth Marshall v. Patricia Roberts Harris, Individually and in Her Capacity as Secretary of Housing and Urban Development, 551 F.2d 1316 (1977)

Citation
Reverend Chester C. Thompson, Individually and on Behalf of All Others Similarly Situated v. Walter E. Washington, Individually and as Commissioner of the District of Columbia and as "The Authority" of the National Capitol Housing Authority Under Executive Order Elizabeth Marshall v. Patricia Roberts Harris, Individually and in Her Capacity as Secretary of Housing and Urban Development, 551 F.2d 1316 (1977)
Parent Document
Reverend Chester C. Thompson, Individually and on Behalf of All Others Similarly Situated v. Walter E. Washington, Individually and as Commissioner of the District of Columbia and as "The Authority" of the National Capitol Housing Authority Under Executive Order Elizabeth Marshall v. Patricia Roberts Harris, Individually and in Her Capacity as Secretary of Housing and Urban Development, 551 F.2d 1316 (1977)
Effective Date
1977-02-15

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Assuming for the sake of argument that the Brooke Amendment would not make reevaluation of the current rent schedule futile, only a showing that the current schedule almost certainly does not result in excessive rents would be sufficient to justify leaving that invalidly processed schedule in effect.8 Notwithstanding our recognition of the difficult financial problems confronting NCHA, this court held in Thompson I that tenants have, to the degree and in the manner indicated in that opinion, a right to participate in the decisionmaking process leading up to a rent increase. Although the current rent schedule implicates greater reliance interests than would future rent increases, we must be careful not to give short shrift to the functional rationale underlying Thompson I, that is to say, the possibility that tenants will bring relevant information to bear on the propriety of a particular rent level. See 497 F.2d at 638-39.