ADMINISTRATIVE PROCEDURE ACT

摘要

The U.S. District Court for the District of West Virginia ruled in Wood v. U.S. Department of Agriculture Rural Housing Service, 2020 WL 1521801, CIVILACTION NO. 2:19-cv-00897 (S.D. West Virg. Mar. 30, 2020) that it could find subject matter jurisdiction under the APA for purposes of denying a motion to dismiss brought by the defendant USDA Rural Housing Service in a suit brought by a homeowner who received a housing finance loan from the Housing Service, because the Housing Service failed to inform the homeowner of available mortgage relief. The court said that the agency could not rely on the use of the term "authorized" as related to informing homeowners of loan default options, to show discretion barring judicial review of its actions, as such discretion could not be "unbridled discretion."