CLPHA Update

January 3, 2018


Preliminary Injunction Granted in Small Area FMR Litigation 

On December 23, 2017, the United States District Court for the District of Columbia granted plaintiff’s motion for a preliminary injunction in Open Communities Alliance et al., v. Carson, et al.  The case, filed in October, challenges HUD’s suspension of “the Small Area FMR designation … until October 1, 2019” in 23 of the 24 jurisdictions governed by the Small Area FMR Rule.  The Court further ordered that the HUD Memorandum purporting to suspend the Small Area FMR designation, entitled Suspension of Small Area Fair Market Rent (FMR) Designations, “is held unlawful and set aside as arbitrary, capricious or otherwise not in accordance with law and as without observance of procedure required by law.”  The Court found that HUD failed to follow appropriate notice and comment procedure when it attempted to suspend the Small Area FMR designation via memorandum.  The Court further found that HUD’s failure to identify “adverse rental housing market conditions local to the particular PHAs as to which HUD delayed the [Small Area FMR] Rule’s implementation” rendered the suspension arbitrary and capricious.

CLPHA will be doing further analysis of this decision and will provide more information shortly.

We have also had conversations with HUD leadership on how the implementation of this decision will proceed. We are currently scheduling a meeting with HUD to discuss these issues and will keep you informed. 

Gauging Interest in a Potential CLPHA IT Convening

Technology is playing an ever-expanding role in the operations of housing authorities, with challenges and opportunities impacting every aspect of program operations from core operating systems to handheld peripherals and mobile applications. A great deal of informal sharing is currently taking place among our CIOs, and CLPHA is interested in assessing the degree of interest among our membership in taking these conversations to the next level. To that end, we are exploring sponsorship of a forum where PHA technology leaders can share experiences, best practices, and new approaches in this evolving field with their peers.

Specifically, we would like to explore the interest in creating an IT convening that would meet in parallel with the membership track at a future CLPHA meeting. The content of this convening would be designed by our collective IT leadership and could include presentations by members, group discussions, and presentations/demos from others outside the membership, possibly including vendors. IT participants could also attend selected general meeting sessions as well.

The King County Housing Authority’s CIO, Gary Leaf, has volunteered to coordinate this effort. Please have your IT leader respond directly to Gary at to express your level of interest in participating. If there is sufficient interest, CLPHA will support a working group of CIOs in developing the concept and designing an agenda.


CLPHA Membership Call: EnVision Centers Demonstration


On Tuesday December 12, HUD released a notice announcing a new demonstration program for public housing agencies (PHAs) and tribally designated housing entities (TDHEs). According to the notice, the EnVision Center Demonstration is designed to test the effectiveness of collaborative efforts by government, industry, and nonprofit organizations to accelerate the economic mobility of low-income households in communities with HUD-assisted housing. HUD is seeking comments on the proposed demonstration through a 60-day comment period.

Comments are due on February 12, 2018. HUD is specifically looking for comment on the following eight questions:

  1. In administering and evaluating the demonstration, how should HUD define ‘‘economic mobility’’?
  2. How can HUD tailor the Economic Empowerment Pillar of the Demonstration to identify and focus on families and individuals residing in HUD-assisted housing that are able to work, and not those who are elderly or include persons with disabilities;
  3. How can HUD and identified partners (state and local entities, private sector, philanthropic, non-profit and other entities) best maximize existing programs and efforts across agencies in a coordinated and holistic approach?
  4. What impediments exist for achieving the four pillars, including institutional, organizational, legal or statutory, and behavioral impediments? Is it necessary to the success of the demonstration that communities link all four pillars, and if not, would it be sufficient for a community to identify in its participation plan the barriers to including a specific pillar? Are there additional pillars that contribute to self-sufficiency and economic mobility that should be made part of the demonstration?
  5. What incentives and programs have worked in the past to achieve the four pillars?
  6. What elements and level of detail should HUD require in a community’s participation plan?
  7. How should HUD define and measure economic mobility over time and space? How should HUD measure quality of life for residents that remain in assisted housing?
  8. What data sources or data linkage is needed to develop outcome metrics such as, return on investment, involvement of local institutions of higher learning, employment and economic opportunities for Section 3 residents and businesses, and a public process for reviewing outcomes and lessons learned?

CLPHA will be hosting a call to solicit your opinions on HUD’s proposed EnVision Centers Demonstration. The full notice can be found here.
Call Details:
Date: Tuesday, January 9, 2018
Time: 2pm ET
Call in number: 719-867-1571
Guest Passcode: 349101

Please RSVP to Additionally, if you are submitting comments on the proposed rule, please also send them to CLPHA.

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