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DORSEY v. HOUSING AUTHORITY OF BALTIMORE CITY

No. 92-1381.

984 F.2d 622 (1993)

Dorothy DORSEY; Doreen Brooks; Priscilla Victoria Jones; Vanessa Bailey; Addie O. Brown; Shirley Wise; Claremont Homes Tenant Council, Plaintiffs-Appellants, v. HOUSING AUTHORITY OF BALTIMORE CITY, A Municipal Corporation; Robert W. Hearn, Individually and in his capacity as Executive Director of the Housing Authority of Baltimore City; Juanita Clark Harris, Individually and in her official capacity as Deputy Director of the Housing Authority of Baltimore City; U.S. Department of Housing & Urban Development; Jack Kemp, in his official capacity as Secretary of the United States Department of Housing & Urban Development, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1993.

Attorney(s) appearing for the Case

Barbara Ann Samuels, Legal Aid Bureau, Inc., Baltimore, MD, argued (Joy R. Sakamoto-Wengel, Legal Aid Bureau, Inc., on brief), for appellants.

John H. Morris, Jr., Venable, Baetjer & Howard, and Donna Carol Sanger, Asst. U.S. Atty. Office of the U.S. Atty., Baltimore, MD, argued (Richard D. Bennett, U.S. Atty., Office of the U.S. Atty., Sally B. Gold, Hylton & Gonzales, Baltimore, MD, and Peter M. Campanella, Ann E. Harrison, and Paul A. Feiner, U.S. Dept. of Housing & Urban Development, Philadelphia, PA, on brief), for appellees.

Before MURNAGHAN, Circuit Judge, CHAPMAN, Senior Circuit Judge, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

MURNAGHAN, Circuit Judge:

Plaintiffs, low income housing residents and a public housing tenant organization, charged the Housing Authority of Baltimore (HABC) and two HABC Directors with failing to comply with the Brooke Amendment to the United States Housing Act of 1937 and the Department of Housing and Urban Development (HUD) regulations promulgated thereunder. The Brooke Amendment requires public housing authorities (PHAs) to charge tenants no...

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