B-121888, APR. 27, 1956

B-121888: Apr 27, 1956

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HOUSING AND HOME FINANCE AGENCY: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12. IN WHICH OUR OFFICE WAS REQUESTED TO RECONSIDER AND REVIEW A RIGHT OF THE UNITED STATES TO ASSERT A CLAIM AND/OR BRING SUIT AGAINST THE CITY OF MAYSVILLE. WAS REFERRED TO THE ATTORNEY GENERAL OF THE UNITED STATES. WE HAVE RECENTLY BEEN ADVISED BY THE DEPARTMENT OF JUSTICE THAT SUCH CLAIMS WHEN UNCOLLECTIBLE WILL BE PROPER FOR PLACING IN LITIGATION. INFORMAL ADVICE HAS BEEN RECEIVED THAT IN THREE CASES OF THIS NATURE JUDGMENTS HAVE BEEN OBTAINED. IT IS OUR UNDERSTANDING THAT REPORTS OF UNCOLLECTIBILITY ON OTHER CASES SIMILAR TO THE CLAIM AGAINST THE CITY OF MAYSVILLE HAVE BEEN ADMINISTRATIVELY WITHHELD PENDING THE DISPOSITION OF THE INSTANT CLAIM.

B-121888, APR. 27, 1956

TO THE HONORABLE ALBERT M. COLE, ADMINISTRATOR, HOUSING AND HOME FINANCE AGENCY:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12, 1954, IN WHICH OUR OFFICE WAS REQUESTED TO RECONSIDER AND REVIEW A RIGHT OF THE UNITED STATES TO ASSERT A CLAIM AND/OR BRING SUIT AGAINST THE CITY OF MAYSVILLE, KENTUCKY, FOR THE FAILURE TO FULLY COMPLETE THE PLAN PREPARATION PURSUANT TO THE SO- CALLED SECOND ADVANCE PLANNING PROGRAM AUTHORIZED BY THE ACT OF OCTOBER 13, 1949, 63 STAT. 841, 60 U.S.C. 451 458.

THE MATTER, TOGETHER WITH THE INFORMATION CONTAINED IN YOUR LETTER OF OCTOBER 12, 1954, WAS REFERRED TO THE ATTORNEY GENERAL OF THE UNITED STATES, AND WE HAVE RECENTLY BEEN ADVISED BY THE DEPARTMENT OF JUSTICE THAT SUCH CLAIMS WHEN UNCOLLECTIBLE WILL BE PROPER FOR PLACING IN LITIGATION. ALSO, INFORMAL ADVICE HAS BEEN RECEIVED THAT IN THREE CASES OF THIS NATURE JUDGMENTS HAVE BEEN OBTAINED.

IT IS OUR UNDERSTANDING THAT REPORTS OF UNCOLLECTIBILITY ON OTHER CASES SIMILAR TO THE CLAIM AGAINST THE CITY OF MAYSVILLE HAVE BEEN ADMINISTRATIVELY WITHHELD PENDING THE DISPOSITION OF THE INSTANT CLAIM. IN VIEW OF THE POSITION TAKEN BY THE DEPARTMENT OF JUSTICE, SIMILAR CLAIMS ARISING UNDER THE SECOND ADVANCE PLANNING PROGRAM, AS DISTINGUISHED FROM THE PRIOR PROGRAM, WHICH WAS THE SUBJECT OF OUR LETTER B-106900, DATED APRIL 20, 1953, MAY BE PROCESSED TO OUR OFFICE WHEN DETERMINED TO BE UNCOLLECTIBLE.