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... ↗

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Mantua Gardens and Grier argue that there is no factual
support in the record providing adequate valid reasons to
support the Secretary’s vacation of the ALJ’s 25% reductions.
According to them, the ALJ’s decision to reduce the penalties by
25% turned on his assessment of witness credibility based on his
observation of the testimony. The Secretary, they argue, never
explains why the ALJ’s opportunity to see the witnesses, to hear
them testify, and to observe their demeanor, does not “put the
ALJ in the cat bird seat with respect to divining truth.” Pet’rs’
Br. 25. They cite Aylett v. Sec’y of HUD, 54 F.3d 1560, 1566-67
(10th Cir. 1995), for the proposition that the Secretary’s decision
is subject to “heightened scrutiny” where the Secretary has
rejected the ALJ’s credibility findings.

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