WINDOW ROCK, Ariz. –Yesterday, the U.S. Department of Housing and Urban Development (HUD) issued its “Order of Secretary Review” affirming the decision and order of the Administrative Law Judge (ALJ) for the HUD Office of Hearing and Appeals, Alexander Fernandez that was issued on Dec. 14, 2015. The order upheld HUD’s decision to recapture $96 million from the Navajo Housing Authority because of the alleged failure of NHA to meet its expenditure goals as planned in its 2012 Indian Housing Plan. The administrative hearing proceedings were held on June 16-19, 2015.
“While I am disappointed that the Review affirmed the ALJ decision, I am not the least bit surprised,” said NHA CEO Aneva Yazzie. “HUD started this enforcement proceeding and it would have been unrealistic to think that at the end of the day, HUD would have found it in our favor.”
“We continue to believe we acted as required by HUD’s statutes and regulations, that the grounds HUD has relied on to attempt to recapture money from NHA are wrong and that HUD has acted unfairly,” Yazzie added.
Under the NAHASDA statute, NHA has sixty days to appeal to the 9th or 10th U.S. Circuit Court of Appeals. “We have preserved all of our arguments and I believe we built an excellent record on which to base our appeal,” said Yazzie.
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