Lutul Love v. United States Department Of Housing & Urban Development, 704 F.2d 100 (1983)

Citation: Lutul Love v. United States Department Of Housing & Urban Development, 704 F.2d 100 (1983)
Parent Document: Lutul Love v. United States Department Of Housing & Urban Development, 704 F.2d 100 (1983)
Jurisdiction: United States (federal)
Effective Date: 1983-08-19
Original Source: https://www.courtlistener.com/opinion/416563/lutul-love-v-united-states-depar... ↗

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Second, HUD argues that the district court's requirement is superfluous because solicitation of public comment is already required by section 4 of the Administrative Procedure Act ("APA"), 5 U.S.C. Sec. 553 (1976), and by general HUD rulemaking regulations, 24 C.F.R. Secs. 10.1-10.20 (1982). Indeed, HUD points out, not only do tenants have the opportunity to comment on any aspect of HUD policy at any time, see id. Sec. 10.20, but public comments were expressly solicited when HUD published an interim regulation prohibiting the eight lease provisions previously identified in the letter to HUD field offices.11

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