OCA v. Carson and Small-Area Fair Market Rents Materials (2017-2018)

In fall 2017, PRRAC joined other civil rights organizations (NAACP LDF, Relman Dane and Colfax, Lawyers’ Committee, and Public Citizen) in filing an Administrative Procedure Act suit against the Department of Housing and Urban Development (HUD) challenging its decision to suspend a 2016 rule change that would have helped low-income families with Housing Choice Vouchers move to lower poverty, less segregated neighborhoods.  We represented a local fair housing organization, Open Communities Alliance, and two voucher holders seeking to move to higher-opportunity neighborhoods. The lawsuit also drew up extensive research and testimony documenting the rule’s potential in expanding housing choice.  In December, the federal court issued a decision in our favor. Following the decision and a settlement, HUD issued guidance implementing the rule.

We are now working with the National Housing Law Project and advocates in each of the 23 regions affected by the rule to ensure successful implementation.

Implementation Guides

• NHLP-PRRAC Advocate’s Guide
• CBPP-PRRAC implementation guide (with links to the new HUD guidance)

Court Papers

• Complaint in Open Communities Alliance et al v. Carson (October 2017)
• Memorandum in Support of Plaintiffs’ Motion for Preliminary Injunction (November 2017)
• Plaintiffs’ Preliminary Injunction Motion and attachments
• Defendants’ Opposition papers to Motion for Preliminary Injunction

Court Orders and Opinions

• Final Stipulated Judgment for Plaintiffs (February 2018)
• Order on Preliminary Injunction (12-23-17)
• Ruling on Preliminary Injunction (12-23-17)

Background Materials

• List of metropolitan areas affected by the suspension of the mandatory Small Area FMR Rule
• Final Small Area FMR Rule (November 2016)
• Sample letter from HUD “suspending” the mandatory rule

Selected Press Coverage

• Hoping to reduce segregation, U.S. revamps housing subsidy for the poor (Place, February 12, 2018)
• How New Rules for Section 8 Voucher Payments Mean More Mobility for Voucher Holders (Next City, January 26, 2018)
• Preliminary Injunction Orders HUD to Proceed with Small Area Fair Market Rents (National Low Income Housing Coalition, January 8, 2018)
• Hundreds of thousands of poor Americans will soon be able to move to better areas, thanks to this judge (The Washington Post, December 28, 2017)
• Press release, Open Communities Alliance et al v. Carson (October 2017)
• The Fight Over Fair Housing Goes to Court (Again) (Citylab, November 7, 2017)
• Civil Rights Groups Sue HUD Over Suspension of Small Area FMR Rule (NLIHC, October 30, 2017)
• Civil rights groups accuse HUD of perpetuating racial segregation (Politico, October 24, 2017)
• Civil Rights Groups Sue Ben Carson for Delaying Anti-Segregation Housing Reform (The Intercept, October 23, 2017)

Selected Comments in Response to HUD’s 30 Day Notice on the SAFMR Suspension

See also Civil Rights and the Administrative State