United States Ninth Circuit

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Crow Tribal Housing Authority v. US Department of Housing and Urban Development, 13-35284

In this case arising from a dispute involving Indian housing block grants made under the Native American Housing Assistance and Self-Determination Act (NAHAS), the district court's order remanding the case to the Department of Housing and Urban Development (HUD) for a hearing is vacated, the judgment is reversed, and the case is remanded for judgment to be entered in favor of defendant HUD, where: 1) the district court erred in ruling that HUD violated plaintiff's right to NAHAS notice and reporting requirements; 2) HUD did not act under 25 U.S.C. section 4161, and accordingly, could not have violated a hearing requirement under that section; 3) HUD's actions triggered the opportunity for a hearing under section 4165 when it conducted an on-site review of the housing project in August 2004; and 4) because plaintiff did not request a hearing, HUD did not violate its statutory obligation under section 4165 and did not improperly deprive plaintiff of a hearing under the facts of the case.

Appellate Information

  • Decided 03/26/2015
  • Published 03/26/2015

Judges

  • Christen

Court

  • United States Ninth Circuit

Counsel