ELR Citation: ELR 20367
No(s). 72-1515 (E.D. Pa. Mar 12, 1973)

A preliminary injunction compelling the Philadelphia area director of the Department of Housing and Urban Development to comply with the Philadelphia health regulations concerning removal of lead-based paints in HUD housing is upheld. The owners of houses purchased from HUD in which lead paint has not been removed are aggrieved parties with standing to sue. Congress has not granted HUD preemptive power to regulate lead-based paints, and HUD is thus not immune by reason of its own regulations from compliance with more stringent local regulations.

Counsel for Plaintiffs
Jonathan M. Stein
Michael Cox
George Gould
313 S. Juniper Street
Philadelphia, PA 19107

Counsel for Defendants
Gilbert Scutti U.S. Attorney
4026D U.S. Courthouse
9th and Chestnut Streets
Philadelphia, PA 19107

Harold Cramer
1510 Fidelity Bank Building
123 S. Broad Street
Philadelphia, PA 19109