42 U.S.C. § 1436d
Consultation with affected areas in settlement of litigation (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))
Operative Text
In negotiating any settlement of, or consent decree for, significant litigation regarding public housing or section 8 [] tenant-based assistance that involves the Secretary and any public housing agency or any unit of general local government, the Secretary shall seek the views of any units of general local government and public housing agencies having jurisdictions that are adjacent to the jurisdiction of the public housing agency involved, if the resolution of such litigation would involve the acquisition or development of public housing dwelling units or the use of vouchers under in jurisdictions that are adjacent to the jurisdiction of the public housing agency involved in the litigation.
Under 42 U.S.C. § 1436d, when the federal Department of Housing and Urban Development (HUD) is a party to significant litigation involving a public housing agency or local government—and a potential settlement or consent decree would result in new public housing units or housing vouchers being placed in neighboring jurisdictions—HUD is required to solicit the views of those neighboring local governments and public housing agencies before finalizing any agreement. The rule creates a procedural obligation of consultation, ensuring that communities potentially affected by the resolution of such litigation have an opportunity to weigh in. It does not give neighboring jurisdictions veto power, but it does require that their perspectives be sought out.
Plain English — not legal advice.
Property owners and managers operating in jurisdictions adjacent to a public housing agency involved in significant federal litigation should be aware that 42 U.S.C. § 1436d establishes a process by which their local government or housing authority may be formally consulted if a settlement could bring new public housing units or vouchers into the area. Compliant local housing agencies in such adjacent jurisdictions generally document and submit their views to HUD when invited to participate in this consultation process. Staying informed about pending federal litigation involving neighboring housing authorities can help operators anticipate potential changes to local housing landscapes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants, particularly those living in jurisdictions neighboring a public housing agency involved in significant federal litigation, may have an indirect interest in the consultation process established by 42 U.S.C. § 1436d, since its outcome could affect the availability of public housing units or vouchers in their area. While this provision does not create a direct individual right for tenants to participate, tenants can engage their local government representatives or public housing agency to ensure community concerns are raised during any HUD consultation. Tenant-rights organizations and local housing advocacy groups can be useful resources for understanding how a pending settlement might affect housing options in adjacent communities.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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