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Administrative Law Keyed to Schwartz
Darby v. Cisneros
Citation:
509 U.S. 137 (1993)Facts
R. Gordon Darby, a real estate developer, worked with mortgage banker Lonnie Garvin to develop a plan to obtain single-family mortgage insurance from HUD for multifamily rental projects. The plan involved using straw purchasers as mortgage insurance applicants to circumvent HUD’s “Rule of Seven,” which prevented rental properties from receiving single-family mortgage insurance if the mortgagor had interests in seven or more similar properties in the same project. After obtaining financing for three multiunit projects, Darby defaulted in 1988, making HUD responsible for over $6.6 million in insurance claims. Although HUD had previously concluded in a 1986 audit that Darby had done nothing wrong, in 1989 HUD issued a limited denial of participation (LDP) prohibiting Darby from participating in HUD programs in South Carolina for one year and later proposed debarment from all HUD contracts. An Administrative Law Judge found that Darby’s financing method improperly circumvented the Rule of Seven but, citing mitigating factors, limited the debarment to 18 months. Neither party sought further administrative review of the ALJ’s decision. Darby instead filed suit in federal district court.
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