Taylor Ex Rel. Wazyluk v. Housing Authority of the City of New Haven
2011 U.S. App. LEXIS 9105
| 2d Cir. | 2011Background
- Plaintiffs Rebecca Taylor, Karl Hunter, and Heiwa Salovitz sue HANH and officials under FHA, FHAA, and §504 for alleged discriminatory administration of New Haven's Section 8 program.
- A nine-day bench trial in the District of Connecticut resulted in a judgment for defendants and decertification of the class.
- The district court's Taylor II opinion thoroughly discussed private enforcement of HUD regulations and related issues, which the appellate court later reviews.
- Plaintiffs challenge (1) private enforcement of 24 C.F.R. §§ 8.28 and 100.204 via §1983, (2) Taylor's FHAA discrimination claim, (3) factual findings on Section 8 service provision to the class, (4) discovery rulings, and (5) decertification.
- The court addresses whether agency HUD regulations can be privately enforceable following Sandoval and relatedSupreme Court guidance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 24 C.F.R. §§ 8.28 and 100.204 are privately enforceable under §1983 | Taylor argues they are privately enforceable. | HANH argues they are not privately enforceable. | Not privately enforceable. |
| Whether Taylor's FHAA intentional discrimination claim is properly analyzed | Taylor contends improper analysis under FHAA. | Defendants rely on district court’s analysis. | Analysis upheld; no reversible error. |
| Whether the district court's findings on provision of Section 8 services to the class are correct | Taylor challenges the factual findings. | Defendants defend the district court's findings. | Findings affirmed. |
| Whether the discovery issues were properly decided | Taylor argues discovery errors affected merits. | HANH contends rulings were correct. | Rulings affirmed. |
| Whether decertification was proper | Taylor opposes decertification as inappropriate. | HANH supports decertification. | Decertification affirmed. |
Key Cases Cited
- Sandoval v. Gonzales, 532 U.S. 275 (2001) (private enforcement limited to rights created by statute)
- Gonzaga Univ. v. Doe, 536 U.S. 273 (2002) (private rights must be created by statute's text)
- Three Rivers Ctr. for Indep. Living, Inc. v. Hous. Auth. of Pittsburgh, 382 F.3d 412 (3d Cir. 2004) (HUD regulations scope aligned with statutory prohibitions)
- Taylor II v. Hous. Auth. of New Haven, 267 F.R.D. 36 (D. Conn. 2010) (district discussion on private enforceability and related issues)
- Mark H. v. Lemahieu, 513 F.3d 922 (9th Cir. 2008) (Sandoval guides private enforcement analysis for §504 regulations)