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FOIA Case Against HUD Now Dropped As HUD Drops Verification of Eligible Status

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, April 1 –  The Legal Aid Society, represented by the Winston & Strawn law firm, has sued the U.S. Department of Housing and Urban Development under FOIA in March. On July 16, 2020 U.S. District for the Southern District of New York Judge Lewis J. Liman held another conference on the case; Inner City Press covered it, below.

 Now on April 1, 2021, Legal Aid is dropping the case, stating that HUD has said it "has no intention of finalizing the Proposed Rule, Housing and Community Development Act of 1980: Verification of Eligible Status, which with the FOIA Request had been primarily concerned."

  That FOIA request concerned a HUD rule limiting eligibility to housing based on immigration status of family members. The requesters want to know who worked on the rule.

  In another FOIA case against HUD handled by Judge Liman, PRLDEF now LatinoJustice is seeking documents about the disproportionate impact of the "Verification of Eligible Status Rule." Judge Liman held a proceeding on July 28 and Inner City Press covered it. A meet and confer had released a few documents, but HUD still disputes a fee waiver.

Judge Liman asked how LatinoJustice plans to disseminate documents to the public. The response was, El Diario, Huffington Post, even the Daily Mail. The next conference was set for August 20. This case is LatinoJustice PRLDEF v. HUD, 20-cv-4859 (Liman).

 On July 16 Judge Liman told the parties to agree to a production schedule by July 27, or to brief the issue. The Government's lead lawyer said she will be on vacation. The the deadline remains, with another conference scheduled for July 31. There are 640 pages in 132 White House documents, minus White House briefing documents. Inner City Press will continue to follow this case.

Inner City Press as a journalistic FOIA practitioner sees increasing foot dragging by Federal agencies like the Office of the Comptroller of the Currency, see here. So Judge Liman's approach is needed. The case is Legal Aid Society v. HUD, 20-cv-2283 (Liman). 

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