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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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)
Effective Date
1990-10-29

Other Sections in This Document (66)

Full Text

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Plaintiffs' Motion for Class Certification was pending before the district court when summary judgment was granted for defendants. The district court denied the motion as moot in light of its holding on the merits of plaintiffs' allegations. We believe that plaintiffs' Motion for Class Certification is also moot in light of our holding that summary judgment should be granted for plaintiffs. The injunctive relief sought by the plaintiffs will prevent Hillvale from increasing rents or in any way violating the terms of the regulatory agreement until its request to terminate is reviewed and approved by HUD and will benefit all low and moderate income tenants in the Hillvale complex. We do not believe the other tenants in the Hillvale complex will be prejudiced in any way by not joining the instant litigation either as a class or individually. Therefore a remand on the issue of class certification is unnecessary