Ninth Circuit Rejects Fort Belknap Housing Petition re: HUD Overpayments

Here are the materials in Fort Belknap Housing Authority v. Office of Public and Indian Housing (HUD):

CA9 Opinion

Fort Belknap Opening Brief

Federal Answer Brief

Fort Belknap Reply Brief

An excerpt:

The panel dismissed a petition for review of a decision of the Department of Housing and  Urban Development to withhold overpayments made to the Fort Belknap Housing Department under the federal rent-subsidy program for Indian Tribes and Tribal Designated Housing Entities.

The panel held that because the Department of Housing and Urban Development had taken no “action” pursuant to 25 U.S.C. § 4161(a), it lacked jurisdiction to entertain the appeal. The panel held it lacked jurisdiction because HUD neither alleged nor found that Fort Belknap failed to comply substantially with the provisions of the Native American Housing Assistance and Self Determination Act of 1996; and because HUD did not impose the remedies listed in 25 U.S.C. § 4161(a)(1). The panel dismissed Fort Belknap’s petition without reaching the merits.

And:

At oral argument, HUD’s counsel suggested that Fort Belknap could raise its claims in the appropriate district court. We do not decide whether any other court has jurisdiction, as that issue is not before us, but we note that our holding does not necessarily mean Fort Belknap is without judicial recourse.