Navajo Housing Authority v. United States Department of Housing and Urban Development et al

Filing 83

JUDGMENT by Clerk re 82 Order:, Plaintiff is awarded its costs to be taxed upon the filing of a Bill of Costs pursuant to D.C.COLO.LCivR 54.1, by Clerk on 6/30/2014. (jsmit)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch

Civil Action No. 08-CV-00826-RPM
NAVAJO HOUSING AUTHORITY,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT;
SHAUN DONOVAN, Secretary of Housing and Urban Development;
DEBORAH A. HERNANDEZ, General Deputy Assistant Secretary for Public and Indian
Housing; and
GLENDA GREEN, Director, Office of Grants Management, Office of Native
American Programs,
Defendants

FINAL JUDGMENT

Pursuant to the Findings, Conclusions and Order for Judgment entered by Senior District
Judge Richard P. Matsch on June 30, 2014, it is
ORDERED that the Defendants shall restore to Plaintiff Navajo Housing Authority the
amount of $6,165,842 for Indian Housing Block Grant (“IHBG”) funds that were illegally
recaptured from Plaintiff Navajo. Any such restoration shall be in addition to the full IHBG
allocation that would otherwise be due to the Plaintiff under the Native American Housing
Assistance and Self-Determination Act (“NAHASDA”) in a given fiscal year as calculated
without application of the amount of the Judgment; it is
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FURTHER ORDERED that the Defendants shall make restoration of the IHBG funds
from all available sources, including the funds set aside for the benefit of Plaintiff Navajo
pursuant to this Court's Order dated October 9, 2008 in the amount of $5,121,456; and either or
both of the IHBG funds carried-forward from previous fiscal years and the IHBG funds
appropriated in future grant years; it is
FURTHER ORDERED that the transfer of those grant funds set aside for Plaintiff
Navajo
pursuant to the order dated October 9, 2008, shall occur within 30 (thirty) days of the date of the
Judgment; and restoration of the remaining amount required by this Judgment shall be completed
and Defendants shall implement restoration of the funds by making adjustments to the Plaintiff’s
IHBG allocation(s) no later than 18 (eighteen) months from the date of the Judgment; it is
FURTHER ORDERED that with respect to grant funding for those fiscal years from
FY 1997 through and including FY 2008, the Defendants shall refrain from threatening to or
implementing any recapture of IHBG funds from the Plaintiff and shall not act upon any
threatened recapture without first complying with the requirements of Section 401(a) of the
NAHASDA [25 U.S.C. § 4161(a)] as that subsection existed prior to the effective date of Public
Law 110-411, and it is

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FURTHER ORDERED that the Plaintiff is awarded its costs to be taxed upon the filing
of a Bill of Costs pursuant to D.C.COLO.LCivR 54.1.
Date: June 30, 2014
FOR THE COURT:
JEFFREY P. COLWELL, CLERK OF THE COURT
By:
s/M. V. Wentz
__________________________
Deputy Clerk
APPROVED:
s/Richard P. Matsch
Richard P. Matsch, Senior District Judge

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