March 22, 2018
Housing Plaintiffs Achieve Victory Against HUD
A federal court recently declared that the Department of Housing and Urban Development (“HUD”) unlawfully delayed implementation of a fair market rents rule (“New FMR Rule”), and required HUD to implement the rule on its originally scheduled effective date. See Open Communities Alliance v. Carson, CV 17-2192 (BAH), 2017 WL 6558502, at *1 (D.D.C. Dec. 23, 2017). In February, HUD agreed not to appeal this decision. As this case demonstrates, legal remedies exist when HUD changes a rule or policy without proper notice or without relevant factual evidence in support. More broadly, the decision confirms that when HUD fails to meet its legal obligations, it is subject to challenge in court.
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