Henry Horner Mothers Guild v. The Chicago Housing Authority

780 F. Supp. 511 (1991)

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Nature of the Case

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Facts

The CHA (D) is a public housing authority that administers federally subsidized and assisted low-rent housing programs pursuant to the Housing Act. 42 U.S.C. §§ 1441 et seq. Ps are a class composed of residents at Henry Horner Homes and applicants for public housing. Ps allege that the CHA's (D) failure to maintain the Henry Horner Homes resulted in their substantial deterioration, such that half the units have been vacated and the remaining units exist in a state of perpetual disrepair. Ps allege that as a result of the CHA's (D) neglect, the buildings have become health and fire hazards and the unoccupied units have been overrun with vandals, trespassers, and drug dealers. Ps claim this has resulted in a de facto or constructive demolition of the Henry Horner developments. Section 1437p(d) provides that a public housing agency 'shall not take any action to demolish or dispose of a public housing project without obtaining the approval of the Secretary and satisfying the conditions specified in subsections (a) and (b) of this section.' Subsection (a) requires a public housing authority to secure the approval of the Secretary of HUD before demolishing or disposing of the development. Subsection (b) requires that the public housing authority consult with tenants and tenant councils who will be affected by the demolition or disposition, and to provide assistance and alternative units to any displaced tenants. Ps' § 1983 claim alleging a violation of their rights under § 1437p(d). Ds concede that they have not met the requirements of subsections (a) and (b). They contend, however, that de facto or constructive demolition is not actionable under § 1437p(d) and seek dismissal on those grounds. Ds argue that § 1437p(d) does not cover a public housing agency's omission or failure to act that leads to a state of disrepair of a building or housing project. Ps contend that conduct that destroys a project -- in the sense that the housing units would not longer be habitable -- is governed by § 1437p(d) regardless of whether such conduct is characterized as affirmative conduct or passive neglect.