City of Hartford v. Towns of Glastonbury

561 F.2d 1032
CourtCourt of Appeals for the Second Circuit
DecidedAugust 15, 1977
Docket76, 198 and 199; Dockets 76-6049, 76-6050 and 76-6059
StatusPublished
Cited by37 cases

This text of 561 F.2d 1032 (City of Hartford v. Towns of Glastonbury) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Hartford v. Towns of Glastonbury, 561 F.2d 1032 (2d Cir. 1977).

Opinions

OAKES, Circuit Judge:

The history of federal aid to the belea-gured cities of the United States has seen a transition from urban renewal to the Model Cities Program, which expanded categorical grants for urban needs, to general revenue sharing in the 1970s, with accompanying block grants in general functional areas, such as manpower training, education and law enforcement. One of the more recent block grant programs is that for “community developments grants,” authorized by the Housing and Community Development Act of 1974, § 103, 42 U.S.C. § 5303 (Supp. V 1975). This appeal, apparently the first of its kind to be decided under the 1974 Act,1 requires us' to decide whether the Department of Housing and Urban Development (HUD) improperly approved certain applications for community development grants.

The City of Hartford, Connecticut, and two of its low-income residents have sued to enjoin seven suburban communities from receiving or expending grants approved by HUD under the Act, principally on the ground that the grant applications either contained no estimate, or an arbitrary, wholly inaccurate estimate, of the number of lower income persons “expected to reside” within the community, an apparent violation of 42 U.S.C. § 5304(a)(4)(A) (Supp. V 1975). A permanent injunction was entered by the United States District Court for the District of Connecticut, M. Joseph Blumenfeld, Judge. City of Hartford v. [1034]*1034Hills, 408 F.Supp. 889 (D.Conn.1976). The towns of Glastonbury, West Hartford and East Hartford appeal; HUD does not appeal, nor do the other towns that were originally defendants and have been enjoined by the order below. We affirm.

I. FACTS

A. The Structure of the Act

Title I of the Housing and Community Development Act of 1974 established a new system of federal assistance for community development activities, to be administered by HUD, and consolidated and superseded previous categorical programs,2 each of which had specified purposes and particular statutory and administrative restrictions. Title I, in short, was intended to create a streamlined program dealing comprehensively with urban problems previously addressed in a piecemeal fashion. See S.Rep. No. 93-693, 93d Cong., 2d Sess. 1-2, 48-49, reprinted in [1974] U.S.Code Cong. & Admin.News pp. 4273, 4273-74, 4318-19; H.R. Rep. No. 93-1114, 93d Cong., 2d Sess. 2-3 (1974). The community development grants authorized by the Act may be used by localities in a variety of ways related to improvement of the physical and economic environment, such as for the acquisition of blighted land and historic sites, the construction or improvement of street lights and playgrounds, the enforcement of housing codes in deteriorating areas, and the development of community and management planning capabilities. 42 U.S.C. § 5305 (Supp. V 1975); see 24 C.F.R. § 570.200(a) (1976). The Title I funds may not be used, however, for the construction of housing or the payment of housing allowances, with minor exceptions not relevant here, id. § 570.201(f), (g).3 These matters are covered elsewhere in the Act, particularly in Title II, codified at 42 U.S.C. § 1437 et seq. (Supp. V 1975).

In terms of administrative review, Title I represents a compromise between the Administration’s revenue sharing approach, under which communities would have automatically received funds on the basis of objective needs criteria, without any application or review process, and the approach favored by some members of Congress, which would have imposed substantial federal preconditions to grant awards and established elaborate application and review procedures. See generally Fishman, Title I of the Housing and Community Development Act of 1974: New Federal and Local Dynamics in Community Development, 7 Urban Law. 189, 191-200 (1975). The Act requires that communities apply to HUD, 42 U.S.C. § 5304(a) (Supp. V 1975), but limits HUD’s review power in several ways. Cities and counties are declared “entitled” to the grant funds, id. § 5306(a), and an application is deemed approved 75 days after receipt by HUD unless the Secretary gives the applicant “specific reasons for disapproval,” id. § 5304(f). The Secretary must approve an application, moreover, unless she determines, inter alia, that the applicant’s description of community “needs and objectives is plainly inconsistent with [generally available] facts or data,” id. § 5304(c).4 Finally, with regard to require[1035]*1035ments that an applicant comply with certain civil rights laws and provide for citizen participation in the grant planning process, the Secretary may rely upon the “satisfactory assurances” of the applicant, rather than make an independent investigation. Id. § 5304(a)(5), (6).

While community development grants may not be used for housing, Title I was designed in part to “[foster] the undertaking of housing and community development activities in a coordinated and mutually supportive manner.” Id. § 5301(d)(4). Moreover, specific objectives of the Title include provision of “a decent home,” especially for those with low and moderate incomes, id. § 5301(c)(3), and “the spatial de-concentration of housing opportunities for persons of lower income,” id. § 5301(c)(6).5 In accordance with these goals, the grant application submitted to HUD must include a “housing assistance plan” (HAP) that “accurately surveys the condition of the housing stock in the community and assesses the housing assistance needs of lower-income persons . . residing in or expected to reside in the community .,” id. § 5304(a)(4)(A), with “a realistic annual goal” specified for housing assistance, id. § 5304(a)(4)(B).6 The housing needs de[1036]*1036tailed in the HAP can then be met with funds available under Title II of the Act. Thus (and this is crucial to the case) the HAP serves as the vehicle tying together the community development and housing assistance portions of the Act, in furtherance of the Act’s overall goal of coordination of federal urban efforts, see id. § 5301(d). The critical importance of the HAP in the overall scheme of the 1974 Act is underscored in the Act itself7 and in the legislative history;8 it has been recognized by HUD9 and was fully appreciated by the court below.10

B. Appellants’ Grant Applications

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Bluebook (online)
561 F.2d 1032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-hartford-v-towns-of-glastonbury-ca2-1977.