Open Cmtys. Alliance v. Carson, 286 F. Supp. 3d 148 (2017)

Citation: Open Cmtys. Alliance v. Carson, 286 F. Supp. 3d 148 (2017)
Parent Document: Open Cmtys. Alliance v. Carson, 286 F. Supp. 3d 148 (2017)
Jurisdiction: United States (federal)
Effective Date: 2017-12-23
Original Source: https://www.courtlistener.com/opinion/7328080/open-cmtys-alliance-v-carson/ ↗

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HUD undertook a demonstration project to test SAFMRs' effectiveness. Section 8 Housing Choice Voucher Program Demonstration Project of Small Area Fair Market Rents in Certain Metropolitan Areas for Fiscal Year 2011 , 75 Fed. Reg. 27,808, 27,809 (May 18, 2010) ("Proposed Demonstration Project "). Notably, HUD recognized, in announcing the project, that "[t]he small area FMR demonstration project will not be effective unless the PHAs that operate voucher programs covering the vast majority of voucher tenants in a metropolitan area agree to participate and abide by the small area rents." Id. at 27,811. In a subsequent notice describing the project in more detail, HUD explained that SAFMRs "represent a fundamentally different way of operating the voucher program in metropolitan areas," and that the project would help HUD "to better understand the programmatic impacts of changing the way voucher payment standards are set." Final Fair Market Rents for the Housing Choice Voucher Program for Small Area Fair Market Rent Demonstration Program Participants; Fiscal Year 2013 , 77 Fed. Reg. 69,651, 69,652 (Nov. 20, 2012) ("Demonstration Project "). HUD identified two purposes that the demonstration project would serve: to (1) "evaluate [SAFMRs] in terms of effectiveness in meeting the primary goal of improving tenants' housing choices in areas of opportunity while also assessing the impact on tenants in areas with SAFMRs below the metropolitan-wide FMR" and (2) "understand and evaluate the administrative and budget impacts of converting and operating the tenant-based voucher program using SAFMRs." Id. In selecting pilot PHAs to participate in the demonstration project, HUD used seven fixed, objective criteria to define an initial pool of eligible PHAs, then "randomly selected" pilot areas "from stratified sets of eligible PHAs." Id. HUD ultimately selected five pilot PHAs from this pool: the (1) Chattanooga (Tenn.) Housing Authority, (2) Housing Authority of the City of Laredo (Tex.), (3) Housing Authority of the City of Long Beach (Cal.), (4) Housing Authority of the County of Cook (Ill.), and (5) Town of Mamaroneck (N.Y.) Public Housing Agency. Id. HUD also included all Dallas, Texas, metropolitan area PHAs, which since 2010 had implemented SAFMRs pursuant to a settlement agreement, in the demonstration project. Id. at 69,652 n.2 ; Proposed Fair Market Rents for the Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program Fiscal Year 2011 , 75 Fed. Reg. 46,958, 46,962 (Aug. 4, 2010). D. The SAFMR Rule

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