Kenneth Hawkins, et al. v. Department of Housing and Urban Development, et al.

This case concerns the right to judicial review of agency discretion to grant or deny relief that is: specifically set out in a federal statute, for which funds have clearly been appropriated, and which relief has been requested, and the agency exercises its discretion to withhold the relief. Congress enacted the statute and funding at Senator Marco Rubio’s urging to provide for the relief for habitable housing in very particular circumstances when an owner has defaulted on its obligation to provide safe housing. App. 98-99. Petitioners made a request for the relief from HUD based on the prerequisites of the statute. HUD never provided the relief nor stated its reasons for withholding the relief.1 HUD’s regulation provides for mandatory HUD assistance to find a unit for the family. 24 C.F.R. § 886.323(e). HUD withheld the relief of rehousing the tenants in another dwelling unit. The questions presented warrant further review because of their great importance to judicial review of agency action: 1. Whether the agency’s withholding of statutory relief for tenants to obtain decent housing 1 The statutory provision at issue is: 2018 through 2022 Consolidated Appropriations Act, citations, infra at note 1.