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16 1 (2022)

handle is hein.usfed/huddec0016 and id is 1 raw text is: UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF HEARINGS AND APPEALS In the Matter of: HOUSING AND REDEVELOPMENT INSURANCE EXCHANGE, Respondent. 22-AF-0004-OH-001 May 13, 2022 RULING ON RESPONDENT'S AND GOVERNMENT'S DISPOSITIVE MOTIONS AND INITIAL DECISION This matter arises from a Complaint filed by the U.S. Department of Housing and Urban Development (HUD or the Government) against the Housing and Redevelopment Insurance Exchange (Respondent or HARIE) seeking to revoke Respondent's approval as a Qualified PHA-owned Insurance Entity (QPIE). A QPIE is an insurer that has been granted special status by HUD that permits public housing agencies (PHAs) to obtain the insurance coverage required by HUD without engaging in a competitive bidding process. As relevant here, a QPIE operates as an insurer for its member PHAs, which means that the members are functionally both the insurer and the insureds. This special status is granted upon meeting certain requirements and approval by HUD, and the QPIE must remain in compliance with the regulatory standards in order to retain its approval. In the Complaint, HUD seeks the revocation of Respondent's approval as a QPIE based on changes in its ownership, control, and membership allegedly affecting its eligibility. The matter is currently before the Court upon Respondent's Motion to Dismiss and HUD's Motion for Summary Judgment. PROCEDURAL HISTORY On September 24, 2021, HUD issued a Superseding Notice of Withdrawal to Respondent. On October 6, 2021, Respondent requested a hearing pursuant to 24 C.F.R. § 965.205(e). On October 21, 2021, this matter was set for hearing to commence on March 16, 2022 by the first Notice of Hearing and Order. On November 5, 2021, HUD filed a Complaint outlining HUD's basis for revoking Respondent's approval as a QPIE. The Complaint alleged two independent bases for revocation, namely: Respondent is not exclusively owned and controlled by PHAs (Count 1); and Respondent does not limit participation to PHAs (Count 2). On December 3, 2021, Respondent filed an Answer raising a number of affirmative defenses.

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