Failures of Federal Oversight in Housing Assistance
In the Harvard Law Review essay, “Private Property Managers, Unchecked,” Author Molly Rockett argues that the federal compliance oversight system for HUD Section 8 housing assistance is “wholly ineffective” and failing tenants.
Molly’s central thesis is that this delegated system is “unfixable” and that the Department of Housing and Urban Development (HUD) must stop delegating its oversight functions and “revert all oversight and enforcement duties back to itself“.
The “Dual-Delegation” Problem
Molly’s primary critique is aimed at a “dual delegation” system that diffuses accountability. This convoluted structure has failed to police property manager noncompliance.
- First Delegation: HUD first contracted out its responsibility to monitor property managers to Public Housing Authorities (PHAs), which act as Performance-Based Contract Administrators (PBCAs).
- Second Delegation: Many of these PBCAs then “further contracted it out” to private service providers (PSPs).
Consequences and Urgency
This failure to police property manager compliance leaves tenants vulnerable to abuse, the “majority of whom are elderly or disabled“.
- Molly also highlights that “property manager abuse is endemic“, with tenants “overpaying rent,” and “receiving improper evictions”.
- These issues are especially urgent because the federal government is increasingly turning to public-private partnerships.
The Proposed Solution
Molly argues concludes that attempting to reform these layers of flawed contracts is not feasible. The only effective solution, Molly argues, is for HUD to “eliminate its current structure of delegating” and revert all administrative and compliance duties back in-house
This exact issue of unchecked property manager abuse is exemplified in the Texas case involving Michael Stuart and Brookfield Properties—The case illustrates how systemic imbalance in power and accountability can erode both legal fairness and public trust.
About the Harvard Law Review
Founded in 1887, the Harvard Law Review is a student-journal of legal scholarship.
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