Earl Warren

“ The circular imposes only one requirement: that the Authority comply with a very simple notification procedure before evicting its tenants. Given the admittedly insubstantial effect this requirement has upon the basic lease agreement under which the Authority discharges its management responsibilities, the contention that the circular violates the congressional policy of allowing local authorities to retain maximum control over the administration of federally financed housing projects is untenable. ”

“ Petitioner argues that in addition to holding the HUD circular applicable to her case, we must also establish guidelines to insure that she is provided with not only the reasons for her eviction but also a hearing that comports with the requirements of due process. We do not sit, however, 'to decide abstract, hypothetical or contingent questions * * * or to decide any constitutional question in advance of the necessity for its decision * * *.' [47] The Authority may be able to provide petitioner with reasons that justify eviction under the express terms of the lease. ”

“ It is true that in mere private cases between individuals, a court will and ought to struggle hard against a construction which will, by a retrospective operation, affect the rights of parties, but in great national concerns * * * the court must decide according to existing laws, and if it be necessary to set aside a judgment, rightful when rendered, but which cannot be affirmed but in violation of law, the judgment must be set aside.' [39]
This same reasoning has been applied where the change was constitutional, [40] statutory, [41] or judicial. ”

“ The Housing Authority argues that this authorization is limited by the Act's express policy of 'vest (ing) in the local public housing agencies the maximum amount of responsibility in the administration of the low-rent housing program, including responsibility for the establishment of rents and eligibility requirements (subject to the approval of * * * (HUD) ) , with due consideration to accomplishing the objectives of this Act while effecting economies.' [29] But the HUD circular is not inconsistent with this policy. ”

“ On November 11, 1964, petitioner and her children commenced a month-to-month tenancy in McDougald Terrace, a federally assisted, low-rent housing project owned and operated by the Housing Authority of the City of Durham, North Carolina. Under the lease, petitioner is entitled to an automatic renewal for successive one-month terms, provided that her family composition and income re ain unchanged and that she does not violate the terms of the lease. ”

“ Pursuant to its general rulemaking power under § 8 of the United States Housing Act of 1937, [15] HUD has issued a Low-Rent Management Manual, [16] which contains requirements that supplement the provisions of the annual contributions contract applicable to project management. [17] According to HUD, these requirements 'are the minimum considered consistent with fulfilling Federal responsibilities' under the Act. ”