SCOTUS Overturns Chevron Doctrine, Limiting Federal Agency Reach

Litigation attorney Lynn Calkins was interviewed by Multifamily Dive about how the U.S. Supreme Court's decision overturning the Chevron doctrine could affect the multifamily housing industry. The ruling to overturn the longstanding doctrine affording deference to federal agency interpretations of ambiguous statutes could have far-reaching consequences across all sectors, from labor and employment to financial services. Ms. Calkins specifically looked at what the decision could mean for apartment owners, managers and developers, noting that a broad swath of legal areas, including telecommunications, data privacy and fair housing, touch this field. Agencies that regulate those areas, such as the U.S. Department of Housing and Urban Development (HUD), could see their authority diminished going forward, giving the industry an opportunity to reexamine issues like design and construction regulations.

"[Apartment managers and developers] have made decisions along the way based on HUD's interpretation of the Fair Housing Act in particular," she said. "And they may want to relook at whether those decisions have opportunities available for being revisited."

READ: SCOTUS Overturns Chevron Doctrine, Limiting Federal Agency Reach

Holland & Knight announced the formation of its Chevron Deference Working Team in advance of the U.S. Supreme Court's June 28, 2024, Loper decision, which overturned the Chevron deference doctrine and will lead to a period of regulatory changes and potential legal challenges.