Section 888

Citation: Section 888
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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The plaintiffs also argue that HUD's delay of the Rule's implementation was arbitrary and capricious. Pls.' Mem at 28-34. According to the plaintiffs, HUD failed adequately to explain its reasons for delaying the Rule's implementation. Id. at 28. As explained above, § 888.113(c)(4) required HUD to identify adverse rental housing market conditions local to a particular area or PHA to justify suspending an SAFMR designation or exempting a PHA in that area. HUD, as explained, did no such thing. Instead, HUD attempted to justify delaying the Rule's implementation by two years by citing data based on a small number of pilot PHAs, which did not represent the Rule-affected areas in terms *174of demographics or scope and which HUD selected partially randomly (1) on the basis of entirely different criteria than those HUD used to select the Rule-affected areas and (2) for entirely different objectives than HUD sought to achieve through the Rule's promulgation. HUD, in so doing, "relied on factors"-i.e., the demonstration project data-"which [law] ha[d] not intended it to consider" and "entirely failed to consider an important aspect of the problem"-i.e., local rental housing market conditions in the Rule-affected areas. Mayo , 875 F.3d at 19 (quoting State Farm , 463 U.S. at 43, 103 S.Ct. 2856 (alterations omitted)). HUD's two-year delay of the Rule's implementation therefore was arbitrary and capricious. As such, the plaintiffs have demonstrated a likelihood of success on the merits as to their arbitrary and capricious claim, for essentially the same reasons they have shown likely success on the merits as to their notice and comment claim. B. Risk of Irreparable Harm

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