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← 822 F.2d 182 - Aronson v. U.S. Department of Housing & Urban Development

Aronson v. U.S. Department of Housing & Urban Development’s Empirical Analysis

822 F.2d 182 · 1987

Citation profile

41
cited by 41 later decisions
4
states following
July 2014
most recently cited

23 federal appellate · 7 district · 7 state decisions

How this case has been cited

Cited by 41 later decisions — most recently July 2014 · most notably National Association of Retired Federal Employees v. Horner (1989), Hopkins v. United States Department of Housing & Urban Development (1991)

23 federal appellate · 7 district · 7 state decisions

2001987199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Applies 12 U.S.C. § 1709 · 12 U.S.C. § 1711 · 5 U.S.C. § 552 (Freedom of Information Act)

Relies on Department of the Air Force v. Rose · Federal Bureau of Investigation v. Abramson · United States Department of State v. Washington Post Co. · Getman v. National Labor Relations Board · Reporters Committee for Freedom of the Press v. United States Department of Justice

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “'When it becomes a matter of public knowledge that someone is owed a substantial sum of money, that individual may become the target for those who would like to secure a share of that sum by means scrupulous or otherwise.'”
    4 later decisions quote this exact passage · from the majority
  2. “HUD, through the Federal Housing Administration, insures lenders against loss from default by certain mortgagors eligible for such insurance under the provisions of the National Housing Act. See 12 U.S.C. § 1709 (1982). Lenders pay insurance premiums and pass the costs on to the mortgagors. The premiums are deposited in the Mutual Mortgage Insurance Fund which is administered by HUD. See id. at §§ 1709-11; 24 CFR §§ 203.420-26 (1986). The Fund consists of two accounts, the General Surplus Account and the Participating Reserve Account. 24 CFR § 203.420 . Upon the termination of HUD’s insurance obligation, the mortgagor is entitled to receive a “distributive share” of any surplus in the Participating Reserve Account. Id. at § 203.423(a). HUD is obligated to distribute any such payments “in such manner and amount as the Secretary shall determine to be equitable and in accordance with sound actuarial and accounting practice.” 12 U.S.C. § 1711 (c). Despite this statutory mandate, HUD’s performance throughout the 1970’s in distributing shares to mortgagors was gravely deficient. In February, 1981, the Comptroller General reported that, “as of March 31, 1980, there were 198,000 unpaid shares totaling $52 million.” The report declared that HUD did not have effective procedures for informing mortgagors about possible premium refunds, for obtaining mortgagors’ mailing addresses or for locating mortgagors when its routine tracing procedures failed. HUD’s poor performance in locating and”
    2 later decisions quote this exact passage · from the majority
  3. “In his affidavit, Demitros describes several activities which purport to justify the second year of the witholding of the information. He does not, however, clearly indicate how long these procedures are actively pursued nor does he clearly describe the nature of several of them. Rather, Demitros refers to the procedures purportedly justifying a second year as HUD’s “expanded efforts” and describes them in vague terms. They consist, first, in enlisting the “resources of our field offices” and “the cooperative efforts of states.” Neither the “resources” nor the “efforts” are defined, nor is it explained why they cannot be efficiently employed within the first year of the search. We note also that only twenty-seven states have been contributing their “efforts.” Second, HUD attempts to contact the current occupant of the insured property and requests the whereabouts of the former owner. This procedure, however, appears to be identical to one of the activities pursued in the first year. See supra at 184. We wonder what is to be gained by repeating this action if it has proven futile in the first year. Presumably, the current occupant of the property is not more likely to know the whereabouts of the original mortgagor after another year has passed. Finally, the Department “responds to numerous media inquiries regarding unpaid shares by furnishing for media distribution procedural information and guidance.” We observe, once more, that the affidavit does not give the time period dur”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.