It is the policy of the Department of Housing and Urban Development to provide for public participation in rulemaking with respect to all HUD programs and functions, including matters that relate to public property, loans, grants, benefits, or contracts even though such matters would not otherwise be subject to rulemaking by law or Executive policy. The Department therefore publishes notices of proposed rulemaking in the Federal Register and gives interested persons an opportunity to participate in the rulemaking through submission of written data, views, and arguments with or without opportunity for oral presentation. It is the policy of the Department that its notices of proposed rulemaking are to afford the public not less than sixty days for submission of comments. For some rules the Secretary will employ additional methods of inviting public participation. These methods include, but are not limited to, publishing Advance Notices of Proposed Rulemaking (ANPR), conducting public surveys, and convening public forums or panels. An ANPR will be used to solicit public comment early in the rulemaking process for significant rules unless the Secretary grants an exception based upon legitimate and pressing time constraints. Unless required by statute, notice and public procedure will be omitted if the Department determines in a particular case or class of cases that notice and public procedure are impracticable, unnecessary or contrary to the public interest. In a particular case, the reasons for the determination shall be stated in the rulemaking document. Notice and public procedure may also be omitted with respect to statements of policy, interpretative rules, rules governing the Department's organization or its own internal practices or procedures, or if a statute expressly so authorizes. A final substantive rule will be published not less than 30 days before its effective date, unless it grants or recognizes an exemption or relieves a restriction or unless the rule itself states good cause for taking effect upon publication or less than 30 days thereafter. Statements of policy and interpretative rules will usually be made effective on the date of publication.
[44 FR 1606, Jan. 5, 1979, as amended at 47 FR 56625, Dec. 20, 1982]
Notes of Decisions
Nat'l Leased Hous. Ass'n, & 189 Named v. United States, 105 F.3d 1423 (Fed. Cir. 1997).
· cites it 3× “The plaintiffs argued that the addition of the “any applicable regulations” language meant that HUD intended to include as part of the contracts the specific requirements found in two general regulations that governed HUD’s administrative activities, found in 24 C.F.R. §§ 10.1…”
Patriot, Inc. v. U.S. Dep't of Hous. & Urban Dev., 963 F. Supp. 1 (D.D.C. 1997).
· cites it 2× “” 24 C.F.R. § 10.1 . Therefore, whether or not the APA’s notice and comment requirement is applicable, HUD has nevertheless violated its own policy of undertaking notice and comment before it issues substantive rules.”
Yesler Terrace Cmty. Council v. Cisneros, 37 F.3d 442 (9th Cir. 1994).
· cites it 4× “, and HUD’s own regulations, 24 C.F.R. § 10.1 , when it issued its due process determination without first providing notice and opportunity to comment.”
Hous. Study Grp. v. Kemp, 739 F. Supp. 633 (D.D.C. 1990).
· cites it 3× “The requirement that the public be afforded a minimum of 60 days to submit comments is found in HUD’s own regulations, at 24 C.F.R. § 10.1 . . The "good cause" exception to the APA permits an agency to dispense with notice and comment rulemaking "when the agency for good cause…”
Hous. Study Grp. v. Kemp, 736 F. Supp. 321 (D.D.C. 1990).
· cites it 2× “24 C.F.R. § 10.1 . Defendants also concede that the coinsuring lender letters meet HUD’s regulatory definition of "rules.”
Nat'l Leased Hous. Ass'n v. United States, 32 Fed. Cl. 762 (Fed. Cl. 1995).
· cites it 2× “The issue centers on whether the version of the HAP contracts used after August 1980 obliges HUD, when calculating the annual rent adjustments, to comply with two HUD regulations, 24 C.F.R. §§ 10.1 and 15.11, which track the requirements of the Administrative Procedures Act…”
Lee v. Kemp, 731 F. Supp. 1101 (D.D.C. 1989).
· cites it 3× “§ 553 , and HUD’s own rulemaking regulations, 24 C.F.R. § 10.1 -.20. The APA expressly excludes from the rulemak-ing requirements actions pertaining to public property.”
Fairington Apts. v. United States, 7 Cl. Ct. 647 (Ct. Cl. 1985).
· cites it 3× “24 C.F.R. § 10.1 (1984) (The same provision was in force at the time the contracts were signed, see 24 C.”
Williams v. Pierce, 708 F.2d 57 (2d Cir. 1983).
· cites it 4× “, HUD’s own regulations, 24 C.F.R. § 10.1 et seq., and the civil rights laws, 42 U.”
Alice Free v. Moon Landrieu, 666 F.2d 698 (1st Cir. 1981).
“§ 553 and 24 C.F.R. 10.1 et seq., and because it is arbitrary and in violation of the United States Housing Act.”
Rousseau v. City of Philadelphia, 589 F. Supp. 961 (E.D. Pa. 1984).
“See 24 CFR § 10.1 (1983). The structure of the relationship between HUD and the City under the Section 312 loan program further demonstrates that, in issuing the Handbook, HUD did not intend to confer enforceable rights upon loan recipients.”
N. Indian Hous. & Dev. Council v. United States, 12 Cl. Ct. 417 (Ct. Cl. 1987).
“” 24 C.F.R. § 10.1 (1986). HUD defines “Rule” or “Regulation” as “all or part of any Departmental statement of general or particular applicability and future effect designed to: (1) Implement, interpret, or prescribe law or policy.”
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