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TERRACE HOUSING ASSOCIATES, LTD. v. CISNEROS

Nos. 93-6267, 93-6268, 93-6272, 93-6276 and 94-5032.

32 F.3d 461 (1994)

TERRACE HOUSING ASSOCIATES, LTD., and Rolling Green Housing Associates, Ltd., Plaintiffs-Appellees, v. Henry G. CISNEROS, Secretary, Department of Housing and Urban Development, Defendant-Appellant, and Oklahoma City Housing Authority, Defendant. ROLLING GREEN HOUSING ASSOCIATES, LTD., and Terrace Housing Associates, Ltd., Plaintiffs-Appellees, v. Henry G. CISNEROS, Secretary, Department of Housing and Urban Development, Defendant, and Oklahoma Housing Finance Agency, and Oklahoma City Housing Authority, Defendants-Appellants. WINDSONG HOUSING ASSOCIATES, LTD., Plaintiff-Appellee, v. Henry G. CISNEROS, Secretary, Department of Housing and Urban Development, Defendant-Appellant, and Tulsa Housing Authority, City of Tulsa, Oklahoma, Defendant.

United States Court of Appeals, Tenth Circuit.

August 9, 1994.

Attorney(s) appearing for the Case

Deborah Ruth Kant, Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC (Frank W. Hunger, Asst. Atty. Gen., Washington, DC, Vicki Miles-LaGrange, U.S. Atty., Oklahoma City, OK, and Michael Jay Singer, Dept. of Justice, Washington, DC, with her on the brief) for Henry Cisneros, Secretary, Dept. of Housing and Urban Development.

Steven D. Gordon, Dunnells & Duvall, Washington, DC (Michael H. Ditton, also of Dunnells & Duvall, with him on the brief) for appellees, Rolling Green Housing Associates and Terrace Housing Associates, Ltd.

R. Steven Haught, Daugherty, Bradford, Haught & Tomkins, P.C., Oklahoma City, OK, submitted a brief, for appellant Oklahoma City Housing Authority.

Jack R. Lawrence, Lawrence & Ellis, P.A., Oklahoma City, OK, submitted a brief, for appellant Oklahoma Housing Finance Agency.

Before LOGAN and McWILLIAMS, Circuit Judges, and BROWN, Senior District Judge.

WESLEY E. BROWN, Senior District Judge.

Section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f, set up a system of housing assistance payments to aid low income families in renting decent housing. There are several federal programs which provide Section 8 housing assistance and among them is the one involved in these cases — the Moderate Rehabilitation Program, 42 U.S.C. § 1437f(e)(2), hereafter referred to as the Program.

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