[August 01, 2011]

Keating Muething & Klekamp Files Lawsuit on Behalf of Green Township Alleging HUD/CMHA Agreement That Singles Out Green Township Is Illegal

The law firm of Keating Muething & Klekamp PLL (KMK^®) filed today a Complaint, Motion for a Temporary Restraining Order, and Application for Preliminary Injunction on behalf of its client, the Green Township Board of Trustees. The intent of the filing was to declare void and prevent implementation of a Voluntary Compliance Agreement ("VCA") that Cincinnati Metropolitan Housing Authority ("CMHA") entered with the U.S. Department of Housing and Urban Development ("HUD") in June.

"The Voluntary Compliance Agreement subjects the citizens of Green Township to unfair and unequal treatment. It mistakenly places the burden of addressing CMHA nuisance and slumlord activity on our community and every community in Hamilton County. Green Township does not discriminate. We should not be discriminated against. The VCA should be discarded," stated Tracy Winkler, Green Township Board of Trustees Chairman.

CMHA's board voted 3-2 to approve the VCA before the substantive language was finalized. KMK is confident that the VCA's illegal, discriminatory, and burdening consequences on the community will be stopped by the court.

"Our local housing authority may not discriminate. Yet, additional housing is being thrust upon Green Township without the standard market analysi that normally precedes site selection. It is problematic for CMHA to insist upon acquiring 32 units in Green Township when CMHA has not acquired new properties anywhere outside Cincinnati for more than four years. The selection process must comport with equal protection," said Charles Miller, KMK partner, and lead trial counsel for Green Township. "We hope CMHA will agree to correct the mistakes in the VCA. If not, we trust the court will," Miller continued.

In addition, CMHA has improperly agreed to weaken its oversight of Section 8 landlords.

"Under the VCA, CMHA will no longer hold Section 8 landlords accountable for nuisance activity that occurs on their taxpayer subsidized property. This abdication of CMHA's duties will hurt all Hamilton County neighborhoods, including Section 8 tenants, while enriching derelict landlords at tax-payer expense," stated John Cranley, KMK co-counsel for the Plaintiffs.

About Keating Muething & Klekamp PLL

The law firm of Keating Muething & Klekamp PLL (KMK^®), based in Cincinnati, Ohio, is a nationally-recognized law firm delivering sophisticated legal solutions to businesses of all sizes - from Fortune 500 corporations to start-up companies. KMK has been recognized as a leading law firm in general commercial litigation, bankruptcy and restructuring law, and corporate and mergers & acquisitions law in the 2010 edition of Chambers USA: America's Leading Business Lawyers^®.

KMK has been ranked #1 in Ohio in project finance law and #1 in Cincinnati in corporate law, personal injury law, municipal law, employee benefits law, land use & zoning law, project finance law, and real estate law in the 2011 edition of Best Lawyers in America^®. KMK received 12 first tier rankings in the 2010 Best Law Firms survey (Metropolitan Cincinnati) by U.S.News and Best Lawyers. Founded in 1954, KMK has approximately 115 lawyers and a support staff of 150 employees. Additional information is available at www.kmklaw.com.

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