PF Holdings, LLC v. HUD, No. 21-1228 (D.C. Cir. 2023)
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Petitioners PF Sunset Plaza, LLC (“Sunset Plaza”) and PF Holdings, LLC (“Holdings”) were each assessed monetary penalties by the Department of Housing and Urban Development (“HUD”) for violations of their duty to provide “decent, safe, and sanitary housing” to low-income families under Section 8. Petitioners petitioned to reverse ALJ decisions dismissing these HUD enforcement actions against them for lack of subject matter jurisdiction. At issue on appeal is whether the statute operates to bar the appeal of a civil monetary penalty should a respondent miss the fifteen-day deadline to request an administrative hearing?
The DC Circuit answered yes, and denied both petitions. The court explained that Petitioners claim that because the deadline falls under a subheading entitled “Final Orders,” a final order from HUD must occur before operation of the deadline commences. Petitioners argued that HUD’s issuance of a complaint is simply an invitation to engage in litigation, not a triggering of the fifteen-day deadline. Because HUD issued no final order here, they contest that the fifteen-day period never began. The court held that Petitioners misunderstand the statutory subheading. Congress entitled the section “Final Orders” because it enumerates two examples of how HUD’s penalties become final.
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