U.S. Code » Title 42 » Chapter CHAPTER 8— LOW-INCOME HOUSING

42 U.S.C. § 1404a

Secretary of Housing and Urban Development; right to sue; expenses

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The Secretary of Housing and Urban Development may sue and be sued only with respect to its functions under the United States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.], and title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, as amended [42 U.S.C. 1501 et seq.]. Funds made available for carrying out the functions, powers, and duties of the Secretary of Housing and Urban Development (including appropriations therefor, which are authorized) shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary of Housing and Urban Development. Notwithstanding any other provisions of law except provisions of law enacted after August 10, 1948 expressly in limitation hereof, the Secretary of Housing and Urban Development, or any State or local public agency administering a low-rent housing project assisted pursuant to the United States Housing Act of 1937 or title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, shall continue to have the right to maintain an action or proceeding to recover possession of any housing accommodations operated by it where such action is authorized by the statute or regulations under which such housing accommodations are administered, and, in determining net income for the purposes of tenant eligibility with respect to low-rent housing projects assisted pursuant to said Acts, the Secretary of Housing and Urban Development is authorized, where it finds such action equitable and in the public interest, to exclude amounts or portions thereof paid by the United States Government for disability or death occurring in connection with military service.

Notes of Decisions
Cited in 61 cases (4 in the last 5 years), 1956–2025 · leading case: Cathedral Square Partners Ltd. P'ship v. South Dakota Hous. Dev. Auth., 875 F. Supp. 2d 952 (D.S.D. 2012).
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Cathedral Square Partners Ltd. P'ship v. South Dakota Hous. Dev. Auth., 875 F. Supp. 2d 952 (D.S.D. 2012). · cites it 12× “In its brief in the Greenleaf appeal HUD, at the direction of the Solicitor General, confessed error regarding, its position before the district court in requesting dismissal of the third-party complaint against it.”
Cathedral Square Partners Ltd. P'ship v. South Dakota Hous. Dev. Auth., 679 F. Supp. 2d 1034 (D.S.D. 2009). · cites it 10× “, or in the alternative, Section 1404a of the United States Housing Act of 1937, 42 U.S.C. § 1404a. The Secretary has moved to dismiss the Third-Party Complaint, alleging that these claims are within the exclusive jurisdiction of the Federal Court of Claims pursuant to the…”
Selden Apts. v. United States Dep't of Hous. & Urban Dev., 785 F.2d 152 (6th Cir. 1986). · cites it 3× “Section 1702 provides in pertinent part: The powers conferred by this chapter shall be exercised by the Secretary of Housing and Urban Development____ The Secretary shall, in carrying out the provisions of this subchapter and sub-chapters II, III, V, VI, VII, VIII, IX-A, IX-B,…”
McGhee v. Hous. Auth. of City of Lanett, 543 F. Supp. 607 (M.D. Ala. 1982). · cites it 5× “Furthermore, unlike the language of § 215 of the Investment Advisors Act, which was considered in Lewis , there is no language in 42 U.S.C. § 1404a through 42 U.S.C. § 1440 which evinces an intent to create a private cause of action.”
Furtick v. Medford Hous. Auth., 963 F. Supp. 64 (D. Mass. 1997). · cites it 5× “20 In arguing that the United States has waived its sovereign immunity with respect to all of their claims for monetary damages, the Furticks rely exclusively upon 42 U.S.C. § 1404a. That provision, however, merely provides that “[t]he Secretary of [HUD] may sue and be sued only…”
Serena Dewakuku v. Mel R. Martinez, Sec'y of Hous. & Urban Dev., 271 F.3d 1031 (Fed. Cir. 2001). · cites it 2× “While we agree that Congress waived the Secretary’s sovereign immunity under 42 U.S.C. § 1404a (1994), we nevertheless conclude that the IHA does not create an implied right of action against the Secretary.”
United States v. Yonkers Bd. of Educ., 594 F. Supp. 466 (S.D.N.Y. 1984). · cites it 3× “§ 1702 , and the Housing Act of 1948, 42 U.S.C. § 1404a. Section One of the National Housing Act ( 12 U.”
Puerto Rico Pub. Hous. Admin. v. United States Dep't of Hous. & Urban Dev., 59 F. Supp. 2d 310 (D.P.R. 1999). · cites it 4× “1973) for the proposition that their claims under the civil rights statutes fall within the scope of the waiver contained in 42 U.S.C. § 1404a. In Baker , the Seventh Circuit held that 5 U.”
Little Earth of United Tribes, Inc. v. United States Dep't of Hous. & Urban Dev., 584 F. Supp. 1292 (D. Minnesota 1983). · cites it 2× “1983), plaintiffs contend that the required waiver is contained in two statutes, 42 U.S.C. § 1404a and 12 U.S.C. § 1702 . The following “sue and be sued” clause is contained in 12 U.”
Carlyle Gardens Co. v. Delaware State Hous. Auth., 659 F. Supp. 1300 (D. Del. 1987). · cites it 3× “) *1304 Section 1404a authorizes the United States Housing Authority (now the Department of Housing and Urban Development [HUD]) to “sue or be sued” with respect to its functions under the USHA.”
Cathedral Square Partners Ltd. P'ship v. South Dakota Hous. Dev. Auth., 966 F. Supp. 2d 862 (D.S.D. 2013). · cites it 6× “1 *865 After HUD conceded in another case that the sue-and-be-sued clause of 42 U.S.C. § 1404a 2 waives sovereign immunity regarding certain claims against HUD, South Dakota Housing Authority (SDHDA) moved for reconsideration and this Court granted the motion with regard to…”
Carrington Gardens Assocs. v. United States (In Re Carrington Gardens Assocs.), 248 B.R. 752 (Bankr. E.D. Va. 2000). · cites it 4× “The Court therefore finds that the United States has waived its sovereign immunity as to Car-rington’s claims, to the extent that the statute of limitations does not bar the claims, and that the Court may impose monetary damages up to and including the amount of the United…”
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— 42 U.S.C. § 1404a(1996) — 1 case
Puerto Rico Pub. Hous. Admin. v. United States Dep't of Hous. & Urban Dev., 59 F. Supp. 2d 310 (D.P.R. 1999). “1973) for the proposition that their claims under the civil rights statutes fall within the scope of the waiver contained in 42 U.S.C. § 1404a. In Baker , the Seventh Circuit held that 5 U.”
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