The opinion of the court was delivered by: WADDY
This civil action, filed April 1, 1977, alleged failure on the part of the Secretary of the United States Department of Housing and Urban Development (HUD) to properly perform its statutory duty and non-compliance with regulations relating to site requirements for a housing development for senior citizens known as Fort Lincoln Senior Village (Senior Village). The Complaint sought (1) to prevent further financial commitments to defendant Fort Lincoln New Town Corporation (Fort Lincoln) by defendant HUD for construction of Senior Village; (2) to enjoin HUD from entering into a Housing Assistance Payments contract with Fort Lincoln until Senior Village has been brought into compliance with the site requirements of the National Housing Act, 12 U.S.C. §§ 1701, et seq., the United States Housing Act of 1937, 42 U.S.C. §§ 1401, et seq., and enabling regulations; and (3) to compel Fort Lincoln to comply with site requirements of the above-named statutes, or, in the alternative, to compel Fort Lincoln to cease construction of Senior Village.
Plaintiffs Alice Stanback and Harry Belton are elderly residents of the District of Columbia who are eligible for low income housing. Belton is now a resident of Senior Village, while Stanback has been on the waiting list for publicly-assisted housing for a considerable period of time and has filed an application for housing in Senior Village. Defendant Patricia Harris is the Secretary of the Department of Housing and Urban Development. Defendant Fort Lincoln New Town Corporation is a District of Columbia corporation and is the general partner of the limited partnership known as Fort Lincoln Senior Associates No. 1, which owns Fort Lincoln Senior Village.
Senior Village is a 187-unit apartment complex designed to provide housing for the elderly. Pursuant to the National Housing Act and implementing regulations, HUD insured the project's mortgage. Further, pursuant to the United States Housing Act of 1937, as amended, and implementing regulations, HUD entered into an agreement with Fort Lincoln to provide Section 8 rental payments assistance for 100% of the Senior Village units. This funding will permit eligible tenants to reside in the project while paying no more than 25% of their annual income in rental payments.
In their Complaint plaintiffs contend that in approving the Senior Village site and agreeing with Fort Lincoln to provide Section 8 rental payments HUD failed to comply with standards required by applicable regulations and acted arbitrarily, capriciously, in abuse of its discretion and otherwise not in accordance with law. They urge this Court to grant them summary judgment consistent with the standard of review articulated in Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 28 L. Ed. 2d 136, 91 S. Ct. 814 (1971).
The case was before the Court on June 3, 1977 for a hearing on plaintiffs' Motion for a Preliminary Injunction, following which the Court, on June 9, 1977, made detailed Findings of Fact and entered an Order denying plaintiffs preliminary injunctive relief. Stanback v. Harris, 434 F. Supp. 320 (D.D.C. 1977). Those Findings of Fact numbered 5, 6, 7, 8, 9, 10, 11 and 13 are now found to be material facts as to which there is no genuine issue and are incorporated herein by reference. This Court also finds that there is no genuine issue with respect to the following:
a. Plaintiff Belton is now a resident of Senior Village. Plaintiff Stanback has filed an application for housing in Senior Village. (Cf. Finding No. 2, June 9, 1977.)
b. Senior Village is now fully occupied with the exception of the tenth floor of the project. (Cf. Finding No. 14, June 9, 1977.)
c. The commercial space on the ground floor of Senior Village is almost ready for occupancy, and is expected to be let for a family medical facility and a major grocery store. (Cf. Finding No. 15, June 9, 1977.)
d. The shuttle-bus which was to be provided to residents of Senior Village, if they so desired, is not now available. However, nothing in the record before the Court indicates that the Senior Village residents have made known to the District of Columbia their desire to secure such additional shuttle-bus service. (See Finding No. 16, June 9, 1977.)
e. A Washington Metropolitan Area Transit Authority (Metro) shuttle-bus, different from that referred to in P d., supra, is now operating for the transportation of Senior Village residents between Senior Village and the Rhode Island ...