Commonwealth of Pennsylvania v. James T. Lynn, Secretary of Housing and Urban Development, 501 F.2d 848 (1974)

Citation: Commonwealth of Pennsylvania v. James T. Lynn, Secretary of Housing and Urban Development, 501 F.2d 848 (1974)
Parent Document: Commonwealth of Pennsylvania v. James T. Lynn, Secretary of Housing and Urban Development, 501 F.2d 848 (1974)
Jurisdiction: United States (federal)
Effective Date: 1974-09-25
Original Source: https://www.courtlistener.com/opinion/321083/commonwealth-of-pennsylvania-v-j... ↗

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There are two questions to be asked with respect to each of the three programs. First, was the program consistent in operation with the national housing policies and the purposes for which Congress enacted it? Second, if it was not, was the inconsistency reasonably attributable to the program’s structural features as opposed to the manner of its administration? Each is, of course, a question of fact, but the latter implicates the Secretary’s judgment in a way that calls for some deference; it is, in short, a question of discretion. We take the programs up individually with these questions at hand. A. Section 235 51

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