American Banker (03/05/08) P. 12; Hochstein, Marc
The U.S. District Court for the Eastern District of California has struck down a rule adopted by HUD in October that would prevent nonprofits from providing down payments to low- and middle-income home buyers that ultimately are reimbursed through home sellers. The ruling in the suit filed against HUD by Nehemiah Corp. calls for the agency to reassess the rule without input from HUD Secretary Alphonso Jackson. Jackson's remarks to the media during the 90-day comment period that the proposal was "a fait accompli" indicated that he had "an unalterably closed mind," the court agreed. Additionally, the ruling says, "Given that Secretary Jackson was not actually involved in the initial rulemaking proceeding, disqualifying him from further participation in this matter will likely impose little or no burden on the agency."
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