Dist. Ct. did not err in granting defendant-housing agency’s motion for summary judgment in action by alleging that defendant breached contracts with plaintiffs-property owners participating in Section 8 federal rental assistance program by: (1) requiring one plaintiff to request rent increase before awarding plaintiff any increase under Section 8 program; (2) requiring all plaintiffs to submit comparability studies to support any proposed upward maximum monthly rent that plaintiffs could receive on covered rental units; or (3) applying one percent reduction in allowable rent for non-turnover rental units. While said provisions were not contained in original contracts with defendant, Congress amended Section 8 to allow defendant to enforce disputed provisions, such that said provisions became part of plaintiffs’ contracts with defendant as said contracts were renewed subsequent to date that amendments to Section 8 were enacted.
Federal 7th Circuit Court
Civil Court
Contract