Darlington, Inc. v. Federal Housing Administration

In this declaratory judgment proceeding, plaintiff, the owner and mortgagor of a twelve-story multifamily apartment building financed under the provisions of Title VI, sec. 608, of the National Housing Act, 12 U.S.C.A. § 1743, seeks a declaration of its rights to lease certain apartments in said project for periods of less than 30 days.

When the action was originally presented to District Judge Hoffman, sitting by designation, the District Judge requested that a three-judge court be convened because injunctive relief was asked to restrain an Act of Congress passed in 19541 on the ground that…