Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)

Citation
Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
Parent Document
Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
Effective Date
1994-09-12

Other Sections in This Document (40)

Full Text

1,783 chars
9
As to the other Article III standing requirements, HUD notes that it did no more than provide an opportunity for the PHAs--third parties--to act; PHAs, not HUD, actually initiate evictions. HUD contends, therefore, that it cannot be the cause of Yesler's alleged injury, and that a favorable decision on our part cannot redress that injury. We agree that it usually is difficult to establish causation and redressibility when a plaintiff's alleged injury depends on the actions of a third party not before the court. See Defenders, --- U.S. at ----, 112 S.Ct. at 2137. Because neither the court nor the defendant can control the third party's actions, the causal link between the defendant's challenged actions and the plaintiff's threatened injuries may be only speculative, as will the possibility that a favorable decision will redress those injuries. Id. In the present case, however, there is no need to speculate whether or not the PHAs will act upon HUD's decision. Several PHAs already have moved to eliminate pre-eviction grievance hearings in cases involving allegations of criminal activity, and at least two have initiated evictions in which they informed the tenant that there would be no grievance hearing.3 Nor is there any doubt that the PHAs will have to reinstitute grievance hearings for all attempted evictions if we invalidate HUD's ruling. We conclude that there is a sufficiently clear connection between HUD's actions and the injury with which plaintiffs are threatened to satisfy the remaining standing requirements of Article III. See id. (when standing hinges on choices made by a third party, plaintiff must "adduce facts showing that those choices have been or will be made in such manner as to produce causation and permit redressibility of injury").4