In Renaissance Equity Holdings LLC v. Donovan, 2013 WL 2237547 (E.D.N.Y. May 21, 2013), the plaintiffs, landlords of a building which participates in the section 8 housing program, commenced an action against Department of Housing and Urban Development ("HUD") asserting violations of the Housing Act and its implementing regulations.
The court dismissed the complaint on the ground that the Housing Act does not provide a private right of action which would enable plaintiffs to maintain such a lawsuit.
In a footnote, the court went on to state that "Plaintiffs are not left without remedy.
They may file an Article 78 proceeding against NYCHA in state court...and may...assert breach of contract claims against NYCHA for violations of their...contracts."