Woods v. Executive Office of Communities & Development
Woods v. Executive Office of Communities & Development
Opinion of the Court
The plaintiffs, low-income tenants participating in the State housing voucher program, brought suit, on behalf of themselves and others similarly situated, in the Superior Court challenging a decision of the Executive Office of Communities and Development (EOCD) to reduce program benefits to all recipients by $200 a month effective September 1, 1991. The decision was made in response to language contained in the fiscal year 1992 budget, St. 1991, c. 138, § 2, line item 3722-9024, which, EOCD claimed, mandated such a reduction. The line item appropriated $97,577,388 for, among other things, “a program of housing assistance consistent with the program requirements established by the federal government for the program authorized by Public Law 98-181, Section 207 [i.e., the so-called Section 8 program] . . . provided that notwithstanding any general or special law, rule or regulation to the contrary, the department shall reduce the average housing voucher monthly payment standard by two hundred dollars by September 1, 1991.” Of the $97,577,388, the amount of $6,185,780 was targeted specifically for the State housing voucher program.
The plaintiffs alleged in their complaint: (1) that EOCD had exceeded the terms of the mandate set forth in the line item, because such a reduction of their benefits violated the provisions of the Federal Section 8 program; (2) that EOCD had abused its discretion in interpreting the line item to require the immediate reduction of benefits to all recipients; and (3) that the reduction as implemented constituted a violation of Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. §§ 3601 et seq. (1988), by effectively denying housing on the basis of race, color, or national origin, by discriminating in the terms and conditions of housing,
A judge in the Superior Court denied the plaintiffs’ application for a preliminary injunction.
The plaintiffs petitioned a single justice of the Appeals Court for relief pursuant to G. L. c. 231, § 118, first par., from the denial of their application for a preliminary injunction in the Superior Court. The single justice concluded that the plaintiffs had demonstrated a likelihood of success on the merits of their claim that EOCD had exceeded its authority in interpreting the line item, and he directed the entry of a preliminary injunction ordering that program benefits be restored to prereduction levels for the month of November, 1991. See Edwin R. Sage Co. v. Foley, 12 Mass. App. Ct. 20, 22-25 (1981). The single justice then reported to a panel of the Appeals Court the question noted below.
The State housing voucher program, begun in 1987, provides rental assistance to low-income tenants. Under the program, which is administered through EOCD and local housing authorities, tenants find apartments with private landlords in the marketplace, and the State makes monthly rental assistance payments to the landlords on the tenants’ behalf. As of September 30, 1991, 1,218 tenants were participants in the program.
The program receives no Federal money and is not subject to any Federal control. However, the Legislature intended EOCD to administer the program in a manner consistent with the Federal Section 8 housing voucher program,
Pursuant to 24 C.F.R. § 887.351 (a) and (b), EOCD maintains a schedule of “payment standard amounts” for apartments of various sizes (single room occupancy and zero to four bedrooms) in various municipalities within its jurisdiction. The payment standard amounts (from which the actual housing subsidies are derived) must be between 80 and 100 per cent of the fair market values for rental property in the area, as calculated by the United States Department of Housing and Urban Development (HUD). See 24 C.F.R. § 887.351 (b) (2) (1991). Once a payment standard is determined for a tenant, EOCD may not substitute a new, lower payment standard until the tenant relocates to a new unit. See 24 C.F.R. § 887.353 (b) (3) (i) (1991). The housing subsidy is calculated from the payment standard amount; for most tenants, the subsidy is lower than the payment standard by a figure representing 30 per cent of the tenant’s household income. 24 C.F.R. § 887.353 (a) (1991).
In its budget for fiscal year 1992, the Legislature reiterated its intent that the State housing voucher program be administered in accordance with Federal regulations, and for the first time added the following language to the line item: “provided that notwithstanding any general or special law, rule or regulation to the contrary, the department shall reduce the average housing voucher monthly payment standard by two hundred dollars by September 1, 1991” (empha
EOCD implemented this new statutory mandate by ordering a reduction of $200 in housing subsidies to all tenants participating in the program, effective September 1, 1991. The plaintiffs claim that, in doing so, EOCD violated the plain language of the line item, which requires a reduction of the “payment standard” rather than the housing subsidy. By using the term “payment standard,” the plaintiffs argue, the Legislature intended EOCD to implement the reduction by reducing tenants’ subsidies only when they relocate in conformity with 24 C.F.R. § 887.353 (b) (3) (i). We agree.
Our conclusion follows from established principles of statutory construction. In using the words “payment standard,” the Legislature was referring to that technical term as defined in the Federal regulations, 24 C.F.R. § 887.351 (a).
Our interpretation also conforms to the principle favoring the narrow construction of a statutory proviso. “It is a cardi
Finally, the reasonableness of EOCD’s decision to reduce the subsidies to all tenants in light of the large reduction in the Legislature’s appropriation for the program is also insufficient to overcome the statutory language. This is a case where we must accept that language as “the principal source of insight into legislative purpose.” Bronstein v. Prudential Ins. Co., 390 Mass. 701, 704 (1984). And the case differs from others, where a substantial reduction in appropriations combined with a direct expression of legislative intent to reduce benefits, allows the administering authority greater discretion to decide what should be eliminated. See Berrios v. Commissioner of Pub. Welfare, ante 587 (1992).
This is as far as we need to go to resolve the appeal, and, accordingly, we need not consider the plaintiffs’ other arguments in support of their interpretation of the statute. The plaintiffs have demonstrated that they are entitled to the preliminary injunction they obtained in the Appeals Court.
The preliminary injunction, see note 6, supra, is continued in effect, and the case is remanded to the Superior Court for further proceedings consistent with this opinion. This remand
So ordered.
The gist of the plaintiffs’ Title VIII claim is that recipients of the State housing vouchers program benefits are predominately members of minorities; that the reduction of benefits will cause them disproportionately to suffer higher rents and will cause them disproportionately to be displaced; and that the reductions will keep them confined to the lowest rent, predominately minority areas, without the possibility of seeking rentals in nonminority neighborhoods.
The plaintiffs made their request for a preliminary injunction solely on the basis of their claims of EOCD’s noncompliance with the Federal Section 8 requirements and abuse of discretion. They did not press the Title VIII claim as a basis for granting a preliminary injunction.
“Did the Executive Office of Communities and Development violate or exceed its authority under St. 1991, c. 138, § 2, Line Item 3722-9024, or abuse its discretion, by reducing all State Housing Voucher tenant participants’ monthly rental assistance payments by $200 effective September 1,
Subsequent to the transfer, a single justice of this court modified and extended the preliminary injunction (which as entered by the Appeals Court would have expired on November 30, 1991) until such time as this appeal is decided.
We here acknowledge the brief amicus curiae of Citizens Housing and Planning Association in support of the plaintiffs.
This program was authorized by Pub. L. No. 98-181, § 207, now codified at 42 U.S.C. § 1437 f (o), amending § 8 of the United States Housing Act of 1937.
The budget line items authorizing the voucher program for each fiscal year are: St. 1987, c. 199, § 2, line item 3722-9025 (fiscal year 1988); St. 1988, c. 164, § 2, line item 3722-9024 (fiscal year 1989); St. 1989, c. 240, § 2, line item 3722-9024 (fiscal year 1990); St. 1990, c. 150, § 2, line item 3722-9024 (fiscal year 1991); St. 1991, c. 138, § 2, line item 3722-9024 (fiscal year 1992).
For example, the State housing voucher program uses the same housing vouchers, contracts, and leases as the Federal program. The contract also provides that the “amount of the [monthly] housing assistance payment” shall be calculated “in accordance with [United States Department of Housing and Urban Development] regulations and other requirements.”
The legislative history of the enactment supports our conclusion that the term was deliberately chosen. Earlier versions required EOCD to reduce the “average housing voucher monthly subsidy” by $200. However, the word “subsidy” was rejected, and the term “payment standard” adopted in its place, and the line item was enacted with the term “payment standard.”
In support of this argument, EOCD offers a memorandum it sent to notify participants in the voucher program that “for most of you, this means that our portion of the monthly rent will be reduced by $200, and the tenant’s share of the rent will increase by $200 a month.” However, we are not bound by the meaning given the term by EOCD. An administrative agency’s action, in derogation of a requirement imposed by the Legislature, does not aid the agency’s position. Haley v. Commissioner of Pub. Welfare, 394 Mass. 466, 474 n.7 (1985).
Reference
- Full Case Name
- Kemmie Woods & others v. Executive Office of Communities and Development & another
- Cited By
- 1 case
- Status
- Published