UKB Wins Housing Appeal and Regains Housing Funding

In a major victory for Indian Country, the United States Court of Appeals for the Tenth Circuit today threw out HUD's interpretation of NAHASDA to require "court jurisdiction" over property in order to qualify for housing funds above minimum levels.

In February 2006, the UKB was notified that HUD would cut funding to the UKB Housing Authority from $800,000 to just $25,000. The Keetoowah Cherokees had been funded since the late 90's, however, sixteen years later, HUD notified the UKB that the tribe was no longer eligible for funds because it lacked the jurisdiction required to receive the funds.

Less than a year before, in 2005, HUD Assistant Secretary Michael Liu and Deputy Assistant Secretary Rodger Boyd sent a letter to the tribe's attorneys in Washington, D.C. The letter stated that the UKB met the criteria needed to be funded by HUD. But on November 16, after the appointment of Orlando Cabrera as the new HUD Assistant Secretary, CNO appealed the decision. The UKB then received a letter written by Cabrera reversing Liu's decision and denying the tribe housing funds. The Chief reported that the letter was the first time the tribe was notified of CNO's appeal - or that HUD even allowed an appeal. As a result of this decision, UKB funding for roads and bridges were also cut, which hurt not only the Keetoowah Cherokees, but the communities in the nine districts as well.

Assistant Chief Locust said, "This was just another attempt by Chad Smith to shut down the Keetoowah Cherokee tribe. He had already deprived disadvantaged CNO tribal members from getting houses, and then he sought to punish UKB Cherokees in need of housing."

"Every time the UKB gets a positive ruling, CNO comes in and tries to get it reversed. Some federal agencies have been stonewalling UKB because of undue influence from Chad Smith and the CNO. The attack led by Smith and the CNO against the UKB is nothing more than a David and Goliath struggle. We all know who won that battle," said Chief Wickliffe.

Chief Wickliffe of the plaintiff United Keetoowah Band of Cherokee Indians in Oklahoma commented that, "We are delighted that the court reached a decision that will benefit all landless tribes throughout the United States." Assistant Chief Locust added that," it is gratifying that the court adopted our argument that the plain meaning of NAHASDA is that any criteria for funding must be need based."

Attachments - HUD Ruling - June 11, 2009 (PDF)