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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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)
Effective Date
2017-12-23

Other Sections in This Document (99)

Full Text

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The Rule, which requires PHAs administering the HCV program in select metropolitan areas to use, as of January 1, 2018, SAFMRs, unquestionably is a substantive regulation delay of which ordinarily would require notice and comment. HUD, however, did not delay the Rule's implementation through notice and comment. Thus, HUD's action was lawful only if another source of authority empowered HUD to delay the Rule's implementation without notice or comment. HUD asserts that 24 C.F.R. § 888.113(c) conferred such authority. HUD is wrong. a) Section 888.113(c)(4)'s Meaning