Grier v. United States Department of Housing & Urban Development, 418 U.S. App. D.C. 185 (2015)

Citation: Grier v. United States Department of Housing & Urban Development, 418 U.S. App. D.C. 185 (2015)
Parent Document: Grier v. United States Department of Housing & Urban Development, 418 U.S. App. D.C. 185 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-07-14
Original Source: https://www.courtlistener.com/opinion/2816866/grier-v-united-states-departmen... ↗

Full Text

786 chars

penalty requested by HUD was known to all parties and
decision-makers. It was clear from the evidence, Mantua
Gardens argues, that it did not have money, did not have
sufficient income, and did not have the ability to borrow. But in
fact the ALJ found that Mantua Gardens introduced no evidence
whatsoever to substantiate its claim of financial vulnerability.
Mantua Gardens, 2013 WL 663168, at *19. As the Secretary
noted, under the regulations an ability to pay is presumed unless
a party raises it as an affirmative defense and provides
documentary evidence. Sec’y’s Op. at 8–9, Supp. JA 8–9.
Since Mantua Gardens presented nothing to suggest that it could
not pay HUD’s requested penalty, we have no basis to disturb
the Secretary’s decision. 3. Liability for Section 236 Violations

Other Sections in This Document (46)

Full Text