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 third and fourth factors that courts consider in determining whether a *179preliminary injunction is warranted are "a balance of the equities in [the plaintiffs'] favor, and accord with the public interest." Id. at 6 (quoting Pursuing Am.'s Greatness v. FEC , 831 F.3d at 505 ). The harm the plaintiffs would suffer from the Rule's delay is clear, for the reasons explained above. As HUD's counsel acknowledged at oral argument, moreover, the Rule's delay would leave in place the 50th Percentile Rule, which the defendants recognize has failed to serve Section 8's goals. Hr'g Tr. at 17. The harms the defendants assert that voucher holders would suffer should HUD implement the Rule on schedule, in contrast, are wholly speculative because they presume the Interim Report's findings apply to Rule-affected areas, which, also for reasons explained earlier, the defendants have failed to show. The defendants, moreover, "cannot suffer harm from an injunction that merely ends an unlawful practice." Rodriguez v. Robbins , 715 F.3d 1127, 1145 (9th Cir. 2013) ; accord R.I.L-R v. Johnson , 80 F.Supp.3d 164, 191 (D.D.C. 2015) (same). The balance of equities thus weighs in the plaintiffs' favor. A preliminary injunction's issuance also would serve the public interest. "There is generally no public interest in the perpetuation of unlawful agency action." League of Women Voters , 838 F.3d at 12. "To the contrary, there is a substantial public interest in having governmental agencies abide by the federal laws"-such as the APA, as well as regulations such as § 888.113(c)(4) -"that govern their existence and operations." Id. (internal quotation marks omitted); accord Gulf Coast Mar. Supply, Inc. v. United States , 218 F.Supp.3d 92, 101 (D.D.C. 2016), aff'd , 867 F.3d 123 (D.C. Cir. 2017) ("The public interest is served both by ensuring that government agencies conform to the requirements of the APA."). As such, the plaintiffs have met their burdens to show that the balance of equities and consideration of the public interest support the injunctive relief they seek. IV. CONCLUSION

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