42 U.S.C. § 12711
Protection of State and local authority
Notwithstanding any other provision of this subchapter or subchapter II, the Secretary shall not establish any criteria for allocating or denying funds made available under programs administered by the Secretary based on the adoption, continuation, or discontinuation by a jurisdiction of any public policy, regulation, or law that is (1) adopted, continued, or discontinued in accordance with the jurisdiction’s duly established authority, and (2) not in violation of any Federal law.
Notes of Decisions
Cited in 4
cases, 2013–2015 · leading case: Cnty. of Westchester v. United States Dep't of Hous. & Urban Dev., 778 F.3d 412 (2d Cir. 2015).
Cnty. of Westchester v. United States Dep't of Hous. & Urban Dev., 778 F.3d 412 (2d Cir. 2015). “PROCEDURE The County filed suit against HUD in the Southern District of New York on April 24, 2013, asserting claims under the Administrative Procedure Act (“APA”) and 42 U.S.C. § 12711 , which restricts HUD interference with lawful local housing policies.”
Cnty. of Westchester v. United States Dep't of Hous. & Urban Dev., 802 F.3d 413 (2d Cir. 2015). “” One day before this deadline, the County submitted a revised AI and filed suit against HUD in federal court, asserting that HUD’s denial of the County’s CPD funds for FY 2011 was a violation of the APA and 42 U.S.C. § 12711 . 42 As relief, the County requested that the court:…”
Cnty. of Westchester v. United States Dep't of Hous. & Urban Dev., 531 F. App'x 178 (2d Cir. 2013). “The appeal, as it concerns 42 U.S.C. § 12711 (Count IV), is dismissed as moot.”
Cnty. of Westchester v. U.S. Dep't of Hous. & Urban Dev. (2d Cir. 2013). “The appeal, as it concerns 42 U.S.C. § 12711 (Count IV), is dismissed as moot.”
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