Cisneros v. Alpine Ridge Group, 508 U.S. 10, 2 (1993)

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Cite as: 508 U. S. 10 (1993)


language clearly mandates that contract rents "shall not" be adjusted so as to exceed materially the rents charged for "comparable unassisted units" on the private rental market, "[n]otwithstanding" that 1.9b might seem to require such a result. This limitation is consistent with the Housing Act itself, 42 U. S. C. 1437f(c)(2)(C). Moreover, it is clear that 1.9d—which by its own terms clearly envisions some comparison of assisted and unassisted rents—affords HUD sufficient discretion to design and implement comparability studies as a reasonable means of effectuating its mandate, since the section expressly assigns to "the Government" the determination of whether material rent differences exist. Respondents' contention that HUD's comparability studies have been poorly conceived and executed, resulting in faulty and misleading comparisons, is irrelevant to the question whether HUD had contractual authority to employ such studies at all. If respondents have been denied formula-based rent increases based on shoddy comparisons, their remedy is to challenge the particular study, not to deny HUD's authority to make comparisons. Pp. 17-21.

955 F. 2d 1382, reversed.

White, J., delivered the opinion for a unanimous Court.

Michael R. Dreeben argued the cause for petitioners. With him on the briefs were Solicitor General Starr, Acting Solicitor General Wallace, Assistant Attorney General Gerson, Deputy Solicitor General Roberts, Douglas Letter, Howard M. Schmeltzer, and Barton Shapiro.

Warren J. Daheim argued the cause for respondents. With him on the brief for respondent Alpine Ridge Group was Donald W. Hanford. Milton Eisenberg and Leonard A. Zax filed a brief for respondents Acacia Villa et al.*

*Robert M. Weinberg and Laurence Gold filed a brief for the American Federation of Labor and Congress of Industrial Organizations as amicus curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for Charter Federal Savings Bank by Thomas M. Buchanan; for the National Association of Home Builders et al. by Ronda L. Daniels; for Southwind Acres Associates et al. by Larry Derryberry; and for Statesman Savings Holding Corp. et al. by Charles J. Cooper, Robert J. Cynkar, and Michael A. Carvin.


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