Court Dismisses Third-Party Breach of Contract Claims Against HUD for Lack of Jurisdiction

摘要

The U.S. District Court for the District of South Dakota, Southern Division, dismissed third-party claims by the South Dakota Housing Development Authority (SDHDA) against HUD for breach of Section 8 annual contributions contracts (ACCs) for lack of jurisdiction. (Cathedral Square Partners Limited Partnership v. South Dakota Housing Development Authority, No. Civ. 07-4001, 2009 WL 873998 (D.S.D.), March 30, 2009).rnLimited partnerships that own and operate Section 8 projects sued the SDHDA, alleging that the agency breached their housing assistance payments (HAP) contracts, although SDHDA was administering the contracts according to congressional amendments to the Section 8 statutes and HUD administrative notices. SDHDA made the HAP contract payments with funds it received through ACCs with HUD.