Welcome!

News Feed Item

Navigate: HUD Secretary Continues to Defy US Court of Appeals

Troubling Testimony Suggests HUD is Above the Rule of Law

WASHINGTON, April 10, 2014 /PRNewswire/ -- US Department of Housing and Urban Development (HUD) Secretary Shaun Donovan on Thursday took on the US Court of Appeals for the Federal Circuit, suggesting to a House Appropriations subcommittee that the court was "wrong" when it ruled late last month that HUD cannot exclude qualified housing agencies from contracting out to support low-income housing programs.

Secretary Donovan told members of the House Appropriations Subcommittee on Transportation, Housing and Urban Development that HUD does not have to follow the same competitive contracting rules as other federal agencies. Specifically, Donovan said that "we believe the [court's] decision is wrong," and that "we have clear authority…to be able to enter directly into those types of [NOFA] contracts."

Two years ago, HUD attempted to recast procurement contracts as a NOFA or a Notice of Funding Availability, which established a preference-based system that, among other things, provided that only in-state housing finance agencies could contract with HUD to administer low-income housing. Several public housing authorizes challenged the move as illegal, and on March 25, the Federal Appeals Court agreed.

"Secretary Donovan's testimony is troubling," said Giles Perkins, an attorney with
Adams & Reese, which represents Navigate Affordable Housing Partners, one of the public housing authorities challenging HUD's anti-competitive contracting system. "The court very clearly ruled that HUD must follow the same competitive contracting rules as other federal agencies. In essence, the Secretary is saying that HUD should operate differently and that competition, fairness and value do not matter."

Just two weeks ago, the Federal Appeals Court ruled against HUD, saying it cannot exclude qualified public housing agencies when contracting out for administrative services. Specifically, the court ruled that HUD violated federal law when it attempted to re-label the contracts as "cooperative agreements" rather than proceed with a competitive contracting process at it had in the past. Navigate joined several other public housing authorities in challenging HUD's policy in court.

This isn't the first time HUD and Secretary Donovan have become entrenched on the issue. Last week, before the same Appropriations subcommittee, Secretary Donovan suggested he disagreed with the court's ruling and that he would even seek to change federal law to avoid going back to a procurement process. And in 2012, HUD ignored a ruling by the Government Accountability Office (GAO) in which – like the Federal Circuit Court – the GAO found that that HUD acted improperly by issuing cooperative agreements rather procurement contracts.

"For more than a dozen years, HUD successfully contracted with public housing agencies to administer Section 8 housing," Perkins said. "The process has ensured competition, quality and fairness because the lowest priced, most qualified bidder prevailed.  It's mind-boggling that Secretary Donovan would oppose a system that's worked and worked effectively for the American people for so many years."

Contact:
Giles Perkins
Adams & Reese
[email protected]
(205) 250-5037

SOURCE Navigate Affordable Housing Partners

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
Join us at Cloud Expo | @ThingsExpo 2016 – June 7-9 at the Javits Center in New York City and November 1-3 at the Santa Clara Convention Center in Santa Clara, CA – and deliver your unique message in a way that is striking and unforgettable by taking advantage of SYS-CON's unmatched high-impact, result-driven event / media packages.
As the rapid adoption of containers continues, companies are finding that they lack the operational tools to understand the behavior of applications deployed in these containers, and how to identify issues in their application infrastructure. For example, how are multiple containers within an application impacting each other’s performance? If an application’s service is degraded, which container is to blame? In the case of an application outage, what was the root cause of the outage?
SYS-CON Events announced today that Commvault, a global leader in enterprise data protection and information management, has been named “Bronze Sponsor” of SYS-CON's 18th International Cloud Expo, which will take place on June 7–9, 2016, at the Javits Center in New York City, NY, and the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Commvault is a leading provider of data protection and information management...
The essence of data analysis involves setting up data pipelines that consist of several operations that are chained together – starting from data collection, data quality checks, data integration, data analysis and data visualization (including the setting up of interaction paths in that visualization). In our opinion, the challenges stem from the technology diversity at each stage of the data pipeline as well as the lack of process around the analysis.
What a difference a year makes. Organizations aren’t just talking about IoT possibilities, it is now baked into their core business strategy. With IoT, billions of devices generating data from different companies on different networks around the globe need to interact. From efficiency to better customer insights to completely new business models, IoT will turn traditional business models upside down. In the new customer-centric age, the key to success is delivering critical services and apps wit...
As organizations shift towards IT-as-a-service models, the need for managing and protecting data residing across physical, virtual, and now cloud environments grows with it. Commvault can ensure protection, access and E-Discovery of your data – whether in a private cloud, a Service Provider delivered public cloud, or a hybrid cloud environment – across the heterogeneous enterprise. In his general session at 18th Cloud Expo, Randy De Meno, Chief Technologist - Windows Products and Microsoft Part...
18th Cloud Expo, taking place June 7-9, 2016, at the Javits Center in New York City, NY, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy. Meanwhile, 94% of enterprises are using some...
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, will provide an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life ...
SoftLayer operates a global cloud infrastructure platform built for Internet scale. With a global footprint of data centers and network points of presence, SoftLayer provides infrastructure as a service to leading-edge customers ranging from Web startups to global enterprises. SoftLayer's modular architecture, full-featured API, and sophisticated automation provide unparalleled performance and control. Its flexible unified platform seamlessly spans physical and virtual devices linked via a world...
The cloud market growth today is largely in public clouds. While there is a lot of spend in IT departments in virtualization, these aren’t yet translating into a true “cloud” experience within the enterprise. What is stopping the growth of the “private cloud” market? In his general session at 18th Cloud Expo, Nara Rajagopalan, CEO of Accelerite, will explore the challenges in deploying, managing, and getting adoption for a private cloud within an enterprise. What are the key differences betwee...
SYS-CON Events announced today that BMC Software has been named "Siver Sponsor" of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2015 at the Javits Center in New York, New York. BMC is a global leader in innovative software solutions that help businesses transform into digital enterprises for the ultimate competitive advantage. BMC Digital Enterprise Management is a set of innovative IT solutions designed to make digital business fast, seamless, and optimized from mainframe to mo...
SYS-CON Events announced today that Tintri Inc., a leading producer of VM-aware storage (VAS) for virtualization and cloud environments, will exhibit at the 18th International CloudExpo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, New York, and the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
SYS-CON Events announced today that Isomorphic Software will exhibit at SYS-CON's [email protected] at Cloud Expo New York, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Isomorphic Software provides the SmartClient HTML5/AJAX platform, the most advanced technology for building rich, high-productivity enterprise web applications for any device. SmartClient couples the industry’s broadest, deepest UI component set with a java server framework to deliver an end-...
SYS-CON Events announced today that ContentMX, the marketing technology and services company with a singular mission to increase engagement and drive more conversations for enterprise, channel and SMB technology marketers, has been named “Sponsor & Exhibitor Lounge Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2016, at the Javits Center in New York City, New York. “CloudExpo is a great opportunity to start a conversation with new prospects, but what happens after the...
With major technology companies and startups seriously embracing IoT strategies, now is the perfect time to attend @ThingsExpo 2016 in New York and Silicon Valley. Learn what is going on, contribute to the discussions, and ensure that your enterprise is as "IoT-Ready" as it can be! Internet of @ThingsExpo, taking place Nov 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 17th Cloud Expo and will feature technical sessions from a rock star conference faculty ...