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Henry Horner Mothers Guild v. Chicago Housing Authority
United States District Court for the Northern District of Illinois
780 F. Supp. 511 (1991)
The members of Henry Horner Mothers Guild (tenants) (plaintiff) were tenants of Henry Horner Homes (Horner), a public-housing project operated by the Chicago Housing Authority (CHA) (defendant) with funding from the United States Department of Housing and Urban Development (HUD) (defendant). The tenants claimed that CHA’s failure to properly maintain Horner had turned it into an unlivable health and fire trap and a haven for criminals and drug dealers. Contending that CHA’s neglect constituted de facto demolition, and pursuant to 42 U.S.C. § 1983, the tenants sued CHA, HUD, and officials of those agencies to enforce 42 U.S.C. § 1437p(d). That statute required local housing-project authorities to obtain HUD approval before taking any steps toward a project’s demolition. The tenants also sued to enforce the HUD-CHA Annual Contributions Contract (ACC), which specified terms and conditions for Horner’s funding. The agencies and their officials moved to dismiss the case under Federal Rule of Civil Procedure 12(b)(6).
Rule of Law
Holding and Reasoning (Zagel, J.)
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