holding, in a pre-Wright case, that the Brooke Amendment requires that “[w]hen tenants pay their own utility bills [to third parties] ... their rental obligation to the owner must be adjusted”
How later courts described this case
- holding, in a pre-Wright case, that the Brooke Amendment requires that “[w]hen tenants pay their own utility bills [to third parties] ... their rental obligation to the owner must be adjusted”
Written by the judges who cited it.
The opinion
WALLACE, Circuit Judge,
concurring:
I concur that the judgment of the district court should be affirmed but do so on the basis that the issue involved in this case is beyond judicial review. Although the question is not free from doubt, it seems to me that Congress intended the ultimate decision-making authority in this area to be the administrative agency rather than the courts. See Frakes v. Pierce, 700 F.2d 501 (9th Cir.1983).