NYC C.L.A.S.H., Inc., et al. v. Marcia L. Fudge, Secretary of Housing and Urban Development, et al.
AdministrativeLaw Environmental SocialSecurity FourthAmendment DueProcess FifthAmendment FirstAmendment Privacy JusticiabilityDoctri
1. Whether HUD lacks authority to adopt or enforce its smoking ban as a means to ensure "safe and habitable" public housing.
2. Whether the lower courts erred in granting HUD summary judgment on the smoking ban's compliance with the Spending Clause without any evidence that the Smoking Ban is not coercive.
3. Whether the lower courts erred by ignoring non-record evidence in constitutional adjudication.
4. Whether extra-pleading issues or evidence briefed and reached on summary judgment are "tried" by implied consent under FED. R. Civ. P. 15(b)(2).
Whether HUD lacks authority to adopt or enforce its smoking ban as a means to ensure 'safe and habitable' public housing