Johnson v. United States Department of Housing and Urban Development (Hud), 911 F.2d 1302 (1990)

Citation: Johnson v. United States Department of Housing and Urban Development (Hud), 911 F.2d 1302 (1990)
Parent Document: Johnson v. United States Department of Housing and Urban Development (Hud), 911 F.2d 1302 (1990)
Jurisdiction: United States (federal)
Effective Date: 1990-10-29
Original Source: https://www.courtlistener.com/opinion/546951/johnson-v-united-states-departme... ↗

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We need not decide whether the Preservation Act impliedly grants plaintiffs a cause of action to enforce its requirements because they have a cause of action against HUD under the Administrative Procedure Act, 5 U.S.C. Sec. 702 (1988) ("APA"). See Orrego v. HUD, 701 F.Supp. 1384, 1392-93 (N.D.Ill.1988) (holding in dicta that low income tenants have an implied cause of action under the Preservation Act). Federal subject matter jurisdiction over plaintiffs' APA claim is conferred by 28 U.S.C. Sec. 1331 (1988). See Califano v. Sanders, 430 U.S. 99, 107, 97 S.Ct. 980, 985, 51 L.Ed.2d 192 (1977) (Section 10 of the APA, 5 U.S.C. Sec. 702, is not an independent grant of subject matter jurisdiction)

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