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
SYS-CON Events announced today that LeaseWeb USA, a cloud Infrastructure-as-a-Service (IaaS) provider, will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. LeaseWeb is one of the world's largest hosting brands. The company helps customers define, develop and deploy IT infrastructure tailored to their exact business needs, by combining various kinds cloud solutions.
Big Data has been changing the world. IoT fuels the further transformation recently. How are Big Data and IoT related? In his session at @BigDataExpo, Tony Shan, a renowned visionary and thought leader, will explore the interplay of Big Data and IoT. He will anatomize Big Data and IoT separately in terms of what, which, why, where, when, who, how and how much. He will then analyze the relationship between IoT and Big Data, specifically the drilldown of how the 4Vs of Big Data (Volume, Variety,...
19th Cloud Expo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, 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 enterpri...
WebRTC is bringing significant change to the communications landscape that will bridge the worlds of web and telephony, making the Internet the new standard for communications. Cloud9 took the road less traveled and used WebRTC to create a downloadable enterprise-grade communications platform that is changing the communication dynamic in the financial sector. In his session at @ThingsExpo, Leo Papadopoulos, CTO of Cloud9, discussed the importance of WebRTC and how it enables companies to focus...
As ridesharing competitors and enhanced services increase, notable changes are occurring in the transportation model. Despite the cost-effective means and flexibility of ridesharing, both drivers and users will need to be aware of the connected environment and how it will impact the ridesharing experience. In his session at @ThingsExpo, Timothy Evavold, Executive Director Automotive at Covisint, will discuss key challenges and solutions to powering a ride sharing and/or multimodal model in the...
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The Internet of Things (IoT) is the most profound change in personal and enterprise IT since the creation of the Worldwide Web more than 20 years ago. All major researchers estimate there will be tens of billions devices - comp...
Apache Hadoop is a key technology for gaining business insights from your Big Data, but the penetration into enterprises is shockingly low. In fact, Apache Hadoop and Big Data proponents recognize that this technology has not yet achieved its game-changing business potential. In his session at 19th Cloud Expo, John Mertic, director of program management for ODPi at The Linux Foundation, will explain why this is, how we can work together as an open data community to increase adoption, and the i...
For basic one-to-one voice or video calling solutions, WebRTC has proven to be a very powerful technology. Although WebRTC’s core functionality is to provide secure, real-time p2p media streaming, leveraging native platform features and server-side components brings up new communication capabilities for web and native mobile applications, allowing for advanced multi-user use cases such as video broadcasting, conferencing, and media recording.
Much of the value of DevOps comes from a (renewed) focus on measurement, sharing, and continuous feedback loops. In increasingly complex DevOps workflows and environments, and especially in larger, regulated, or more crystallized organizations, these core concepts become even more critical. In his session at @DevOpsSummit at 18th Cloud Expo, Andi Mann, Chief Technology Advocate at Splunk, showed how, by focusing on 'metrics that matter,' you can provide objective, transparent, and meaningful f...
A strange thing is happening along the way to the Internet of Things, namely far too many devices to work with and manage. It has become clear that we'll need much higher efficiency user experiences that can allow us to more easily and scalably work with the thousands of devices that will soon be in each of our lives. Enter the conversational interface revolution, combining bots we can literally talk with, gesture to, and even direct with our thoughts, with embedded artificial intelligence, wh...
SYS-CON Events announced today that Interface Masters Technologies, a leader in Network Visibility and Uptime Solutions, will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Interface Masters Technologies is a leading vendor in the network monitoring and high speed networking markets. Based in the heart of Silicon Valley, Interface Masters' expertise lies in Gigabit, 10 Gigabit and 40 Gigabit Eth...
DevOps and microservices are permeating software engineering teams broadly, whether these teams are in pure software shops but happen to run a business, such Uber and Airbnb, or in companies that rely heavily on software to run more traditional business, such as financial firms or high-end manufacturers. Microservices and DevOps have created software development and therefore business speed and agility benefits, but they have also created problems; specifically, they have created software sec...
Information technology is an industry that has always experienced change, and the dramatic change sweeping across the industry today could not be truthfully described as the first time we've seen such widespread change impacting customer investments. However, the rate of the change, and the potential outcomes from today's digital transformation has the distinct potential to separate the industry into two camps: Organizations that see the change coming, embrace it, and successful leverage it; and...
Web Real-Time Communication APIs have quickly revolutionized what browsers are capable of. In addition to video and audio streams, we can now bi-directionally send arbitrary data over WebRTC's PeerConnection Data Channels. With the advent of Progressive Web Apps and new hardware APIs such as WebBluetooh and WebUSB, we can finally enable users to stitch together the Internet of Things directly from their browsers while communicating privately and securely in a decentralized way.
Ask someone to architect an Internet of Things (IoT) solution and you are guaranteed to see a reference to the cloud. This would lead you to believe that IoT requires the cloud to exist. However, there are many IoT use cases where the cloud is not feasible or desirable. In his session at @ThingsExpo, Dave McCarthy, Director of Products at Bsquare Corporation, will discuss the strategies that exist to extend intelligence directly to IoT devices and sensors, freeing them from the constraints of ...