In the Text Case of Open Communities Alliance V

question 54

Multiple Choice

In the text case of Open Communities Alliance v. Carson, The US Department of Housing and Urban Development (HUD) , without notice and comment or any evidence, delayed almost entirely by two years implementation of a rule requiring local Public Housing Authorities in 24 metropolitan areas to calculate housing vouchers' values based on local, rather than metropolitan-wide, prevailing market rents. The plaintiffs sought a preliminary injunction to require HUD to implement the rule on its effective date of January 1, 2018. What was the result?

• A) The court granted the preliminary injunction, holding that HUD's suspension of the rule was done without proper notice and comment procedure, did not meet any of the three exceptions to the requirement of notice and comment, and that the action was arbitrary and capricious.
• B) The court denied the preliminary injunction, holding that HUD's suspension of the rule was done without proper notice and comment procedure, did not meet any of the three exceptions to the requirement of notice and comment, and that the action was arbitrary and capricious.
• C) The agency can choose which procedures to use when it modifies a rule.
• D) The agency must send a notice via mail to all interested parties when it modifies a rule.
• E) The agency must use the notice-and-comment procedure when it modifies rules.

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Definitions:

Person-Environment Interaction

The dynamic relationship between an individual and their surroundings, influencing and being influenced by each other.

Construal

The process by which individuals interpret and ascribe meaning to their environmental stimuli and social interactions.

Differing Views

Differing views refer to the presence of varied opinions, perspectives, or interpretations among individuals or groups on a particular issue.

Social Context

The environment of people, relationships, and cultural norms that shape an individual's behaviors and attitudes.