Thompson v. Washington, 179 U.S. App. D.C. 357 (1977)

Citation: Thompson v. Washington, 179 U.S. App. D.C. 357 (1977)
Parent Document: Thompson v. Washington, 179 U.S. App. D.C. 357 (1977)
Jurisdiction: United States (federal)
Effective Date: 1977-02-15
Original Source: https://www.courtlistener.com/opinion/7891432/thompson-v-washington/ ↗

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One ground that might justify avoidance of even the relatively moderate administrative costs involved in reprocessing the current rent schedule would be a showing that such a reevaluation would be futile. The disputed rent schedule sets rent primarily on the basis of family income and family size, instead of fixing absolute dollar amounts for each rental unit. But appellants’ counsel concedes that the current rent for most, if not all, of the tenants is effectively determined by the Brooke Amendment and not by the current rent schedule, since unmodified application of that schedule would result in rents exceeding 25% of family income.7 Obviously, if the rent for all tenants would be effectively determined by the Brooke Amendment even if the pre-1970 rent schedule were reinstated — i. e., if application of the pre1970 schedule, without regard to the Brooke Amendment, would result in rental levels for all tenants greater than 25% of their income — then reprocessing of the 1970 rent increase would be a totally academic exercise. On the other hand, if it is possible that a validly determined rent schedule would result in rents which are less than 25% of some tenants’ incomes, then reprocessing would not be futile solely on account of the Brooke Amendment.

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