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Administrative Law Keyed to Funk
Darby v. Cisneros
Citation:
509 U.S. 137 (1993)Facts
R. Gordon Darby was a South Carolina real estate developer who specialized in multifamily rental projects. In the early 1980s, he worked with mortgage banker Lonnie Garvin, Jr., who developed a plan to obtain single-family mortgage insurance from HUD for multifamily projects. The plan used straw purchasers to avoid HUD’s “Rule of Seven,” which prevented rental properties from receiving single-family mortgage insurance if the mortgagor already had financial interests in seven or more similar rental properties in the same project. Darby obtained financing for three separate multiunit projects using this method. When economic conditions deteriorated, Darby defaulted on the loans in 1988, resulting in HUD paying over $6.6 million in insurance claims. Although HUD had previously audited the financing plan and found no wrongdoing, in 1989 HUD issued a limited denial of participation (LDP) against Darby and later proposed his debarment from all HUD programs. An Administrative Law Judge found that Darby’s financing method improperly circumvented the Rule of Seven but imposed only an 18-month debarment rather than an indefinite one, citing mitigating factors. Neither party sought further administrative review of the ALJ’s decision before Darby filed suit in federal court.
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