Kelly v. Secretary, United States Department of Housing & Urban Development ex rel. Staples

Although there is much in the majority opinion with which to disagree, I shall limit my strong disagreement to just two points:

©The court’s reduction of the damages awarded to Dionne Staples; and

© The order that HUD pay $20,000 of the Kellys’ attorney fees.

I

The ALJ awarded damages to Staples in the amount of $10,430.76 on the basis of an accrual period of 25 months, from March 1990, when Staples was wrongfully denied housing, until May 1992, the date of the HUD hearing. The ALJ calculated the period correctly because damages are recoverable from the date Staples would have moved into the…