RESOLUTION 17-025 AUTHORIZE PARTICIPATION IN LITIGATION AGAINST HUD.DOCX

RESOLUTION 17‐025
AUTHORIZE PARTICIPATION IN LITIGATION
WHEREAS, on January 18, 2017, the United States Court of Federal Claims ruled that HUD, in
2012, underfunded public housing operations for over 300 plaintiff public housing authorities in
violation of their Annual Contribution Contract and were entitled to money damages equal to
the difference between the prorated eligibility amounts and monies received; and
WHEREAS, a second suit is being organized by the National Association of Housing and
Redevelopment Officials (NAHRO) and the Public Housing Authority Directors Association
(PHADA) on behalf of public housing authorities who did not participate in the first round and
which needs to be filed by November 18, 2017 due to statute of limitations; and
WHEREAS, the Housing Authority of Maricopa County’s share of recovery from a successful
ruling would be approximately $133,229.00; and
WHEREAS, participation in the litigation requires $3,000 of non-Federal funds which is the
Housing Authority’s share of the filing fee and attorney’s fees.
NOW THEREFORE:
BE IT RESOLVED, that the Board of Commissioners of the Housing Authority of Maricopa County
hereby adopts Resolution No. 17-025 and authorizes participation in the litigation that NAHRO
and PHADA will manage, and seek recovery of underfunding in 2012 public housing operations.
Dated this ___________________ day of _______________________________________, 2017
ATTEST: Housing Authority of Maricopa County
____________________________________ _______________________________
Gloria Munoz, Clerk of the Board Chairman
Approved As To Form
____________________________________
Attorney for Housing Authority