DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 881

Citation
§ 881
Parent Document
United States v. Southland Management Corp., 326 F.3d 669 (2002)
Effective Date
2002-05-22
Original Source
https://www.courtlistener.com/opinion/27565/united-states-v-southland-managem... ↗

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contract, to allow owners to continue to receive
subsidies while working to correct deficiencies that
HUD has identified. Indeed, it is evident from the
proof that HUD makes housing assistance payments with
the expectation that the owner/recipients will use
those payments to bring their property up to standard.
Further, as the Government points out in its own
submission, in view of the practical realities of
Section 8 housing programs, HUD often elects to
continue payments for a particular property despite
knowledge that the property, contrary to the owners’
HAP voucher certification, does not meet HUD’s “decent,
safe, and sanitary” standard since the alternative –
discontinuance of payments – may work to the detriment
of tenants. The point, of course, is that because the
evidence reflects that HUD, as a matter of policy and
practice, admittedly routinely makes Section 8 housing
assistance payments to owners of Section 8 property
irrespective of whether the property is in a “decent,
safe, and sanitary” condition, then the owners’
certification as to the condition of the property would
not be “material” to HUD’s decision to pay. . . .