UKB v. HUD–10th Cir. Overturns Agency Interpretation of NAHASDA

The 10th Circuit found that the regulations used by HUD to deliver funds under NAHASDA did not conform to the clear intent of Congress.  Specifically, the United Keetoowah Band’s lack of court jurisdiction did not mean the tribe could not receive funding.

The absence of such a connection means that HUD’s imposition of the [section]1000.302 Formula Area court jurisdiction requirement as a threshold for need-based funding over the minimum allocation is contrary to Congress’s plainly expressed intent because it leads to funding allocations based on factors that do not reflect tribal housing needs. This conclusion finds no better illustration than the case at hand: the UKB’s need for housing assistance did not abate when HUD concluded that the UKB lacked the ability to claim court jurisdiction.

Opinion