Page 5 V’ahavta RTA First & Second Graders Perform at the Richmond Jewish Food Festival The first and second graders did it again!! The students did a wonderful job entertaining the audience at the Richmond Jewish Food Festival this past Monday. Both grades sang and signed two songs that they learned with their music teacher, Ms. Gaelyn Young. The regulation was reproduced as paragraph 2.6 of the assistance contract signed by the landlord and SHA. The Court in Brown v. Harris, supra, noting the inconsistency entered an order enjoining HUD from enforcing 24 C.F.R. Following Brown v.

MEMORANDUM CAFFREY, Chief Judge. This is a civil action brought by plaintiff, who is a resident of Massachusetts. Defendants are Samuel Pierce, the Secretary of the Department of Housing and Urban Development (HUD); the Somerville Housing Authority and certain of its employees (SHA), and plaintiff's landlord Christina Visconti. Plaintiff at this time seeks a declaratory judgment to the effect that SHA and the landlord are seeking to evict her without good cause or proper notice as is required by 42 U.S.C. § 1437f (1982). As to HUD, plaintiff seeks a declaratory judgment that the federal defendant violated 42 U.S.C.

§ 1437f (1982) and 42 U.S.C. § 1983 (1982) by failing to issue a notice to quit, conduct hearings and require good cause for eviction. The matter came before the Court on all defendants' motions to dismiss the action for lack of subject matter jurisdiction under Rule 12(b), and for failure to state a claim upon which relief can be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure. After hearings on the matter October 28, 1982, and November 22, 1982, the Court accepts the following facts as true for the purpose of these motions. Statutory Background Plaintiff is a tenant in a rental unit owned by a private landlord, and her rent is partially paid by federal rent subsidies.

The Section 8 Existing Housing Assistance Payments Program under which the rent subsidies are paid was established by Congress through enactment of Section 8 of the Housing and Community Development Act of 1974. § 1437f (1982). The program is implemented by regulations found at 24 C.F.R.

Part 882 (1982). Eligible participants receive a certificate of family participation, 24 C.F.R.

§ 882.102, which permits low income families to participate in the Section 8 program. Once certified the family must locate a privately owned dwelling that complies with the housing quality standards approved by the Department of Housing and Urban Development (HUD).

§§ 882.103(a) and 882.109. When a certificate holder locates a dwelling he submits a request for lease approval. After approval, the Section 8 Existing Housing Program participant executes a lease with the owner of the private dwelling.

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The local Public Housing Agency (PHA), which in this case is the Somerville Housing Authority (SHA), simultaneously or subsequently executes a Housing Assistance Payment Contract with the landlord (assistance contract). The assistance contract provides that assistance payments may be paid only with respect to a dwelling unit under lease for occupancy by a family determined to be a lower income family at the time the family initially occupies the dwelling. The assistance contract contains provisions relating to contract rent, the family portion of the rent, assistance payments, maintenance, operations, inspections, evictions, and other matters. A certified family with a lease pays between 15 and 25 percent of its adjusted income for rent and utilities as determined in accordance with 42 U.S.C.

§ 1437f(c)(3) and 24 C.F.R. The balance of the rent is paid by SHA directly to the landlord on behalf of the certified family. The lease entered into by the participant must be approved by SHA and must conform to regulations in order for payments to be made to the landlord. Each lease under the program is also affected by 42 U.S.C.