Jackson Terrace Associates v. Rice

The court in Jackson Terrace Associates v. Rice (142 Misc 2d 438, 533 NYS2d 205 [Nassau Dist Ct]) held that the HUD Handbook should be considered more than merely instructional. The court stated that: The Handbook was prepared for national application and the procedures set forth were intended to be mandatory rather than merely advisory (Green Park Assocs. V. Inman, 121 Misc 2d 204, 467 N.Y.S.2d 500, citing Thorpe v. Housing Auth., 393 U.S. 268, 89 S. Ct. 518, 21 L. Ed. 2d 474, and Staten v. Housing Auth., 469 F. Supp. 1013). However, the specific purposes of the Federal housing acts are to provide a decent home and suitable living environment for families that lack the financial means of providing such a home without governmental aid (Thorpe v. Housing Auth., supra.)