Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)

Citation: Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)
Parent Document: Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)
Jurisdiction: United States (federal)
Effective Date: 1991-09-26
Original Source: https://www.courtlistener.com/opinion/569091/barbara-brewer-v-edward-r-madigan-etc/ ↗

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Barbara Brewer resided in a low-income rural housing project owned by Realty Resources, Inc., and financed by the Farmers Home Administration (“FmHA”) under § 515 of Title Y of the Housing Act of 1949, 42 U.S.C. § 1485. In July of 1987, Realty Resources, Inc., served Mrs. Brewer with an eviction notice, yet refused to grant her a hearing relying on a recent amendment to regulations which excluded evictions of tenants of FmHA-subsidized housing from the grievance and appeals procedure of the FmHA. 7 C.F.R. § 1944.-551-.559 (1990). Mrs. Brewer brought a class action on behalf of all Maine residents living in § 515 housing challenging the amendment as inconsistent with its enabling statute, 42 U.S.C. § 1480(g), and as an arbitrary and capricious action of the Secretary of Agriculture in violation of the Administrative Procedure Act, 5 U.S.C. § 500 et seq.

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