Case: The Inclusive Communities Project, Inc. v. U.S. Department of Housing and Urban Development

3:07-cv-00945 | U.S. District Court for the Northern District of Texas

Filed Date: May 29, 2007

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On May 29, 2007, a fair housing focused nonprofit organization filed a lawsuit against the United States Department of Housing and Urban Development ("HUD") under 42 U.S.C. §§ 1437(f) and 3608(e)(5) in the U.S. District Court for the Northern District of Texas. Plaintiff, represented by private counsel, asked the court for injunctive relief, claiming that HUD should use smaller rental housing market areas, instead of large multi-county regions, as a basis for determining Fair Market Rents ("FM…

On May 29, 2007, a fair housing focused nonprofit organization filed a lawsuit against the United States Department of Housing and Urban Development ("HUD") under 42 U.S.C. §§ 1437(f) and 3608(e)(5) in the U.S. District Court for the Northern District of Texas. Plaintiff, represented by private counsel, asked the court for injunctive relief, claiming that HUD should use smaller rental housing market areas, instead of large multi-county regions, as a basis for determining Fair Market Rents ("FMRs"). Specifically, plaintiff alleged that HUD's practice of using a large multi-county region as the starting point for determining FMR violated both 42 U.S.C. § 1437(f), which requires HUD to base FMRs on "market area," and the Fair Housing Act of 1968, 42 U.S.C. § 3601, et seq., which imposes an affirmative duty on HUD to promote fair housing policies.

Under its housing subsidy programs, HUD contracted with local public housing agencies and private landlords to pay the difference between the FMR and the amount paid by the tenant (roughly 30% of the tenant's income.) The lower the FMR, the less likely it was for a low-income tenant to be able to find an affordable unit.

The "market area" used by HUD to determine FMRs in the Dallas rental housing market was comprised of eight counties. HUD, however, applied rent levels calculated using a twelve-county region. Plaintiff alleged that this practice resulted in lower FMRs for the Dallas rental housing market area, thereby precluding the Housing Choice Voucher Program participants from obtaining rental housing in more affluent, Caucasian areas.

On October 2, 2007, defendant filed a motion to dismiss, arguing that plaintiff lacked standing and that plaintiff's claims were barred by the doctrine of sovereign immunity.

On September 29, 2009, the Court (Judge Reed O'Connor) granted defendant's motion on the ground of sovereign immunity with respect to plaintiff's claims under 42 U.S.C. § 1437(f), but denied the motion in all other respects.

On October 26, 2009, plaintiff amended its complaint and sought relief under 42 U.S.C. § 3604(a) and 42 U.S.C. § 3608(e)(5), arguing that the state's practice violated equal protection incorporated in the Fifth Amendment. HUD filed their answer to the amended complaint a month later.

The parties then appeared to enter into settlement negotiations. On May 4, 2010, the Court ordered the parties to submit a settlement by June 4th. When this deadline passed without a settlement agreement, the Court temporarily closed the case. It reopened the case in 2012 to officially dismiss the case after the parties apparently filed a settlement agreement. The agreement is not publicly available, and the case is now closed.

Summary Authors

Elizabeth Daligga (7/18/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4986194/parties/the-inclusive-communities-project-inc-v-the-united-states-department-of/


Judge(s)

Kaplan, Jeff (Texas)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Beshara, Laura Beth (Texas)

Daniel, Michael M. (Texas)

Attorneys(s) for Defendant

Herb, Kimberly Lynn (District of Columbia)

Keisler, Peter D. (District of Columbia)

Roper, Richard B (District of Columbia)

Sitcov, Michael (District of Columbia)

Todd, James D. (District of Columbia)

Judge(s)

Kaplan, Jeff (Texas)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Beshara, Laura Beth (Texas)

Daniel, Michael M. (Texas)

Attorneys(s) for Defendant

Herb, Kimberly Lynn (District of Columbia)

Keisler, Peter D. (District of Columbia)

Roper, Richard B (District of Columbia)

Sitcov, Michael (District of Columbia)

Todd, James D. (District of Columbia)

Documents in the Clearinghouse

Document

3:07-cv-00945

Docket

July 5, 2012

July 5, 2012

Docket
1

3:07-cv-00945

Complaint

May 29, 2007

May 29, 2007

Complaint
8

3:07-cv-00945

Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction; Accompanying Brief; Certificate of Interested Persons

Oct. 2, 2007

Oct. 2, 2007

Pleading / Motion / Brief
11

3:07-cv-00945

Plaintiff's Brief in Opposition to Motion to Dismiss

Oct. 22, 2007

Oct. 22, 2007

Pleading / Motion / Brief
16

3:07-cv-00945

Defendant's Reply in Support of Its Motion to Dismiss for Lack of Subject Matter Jurisdiction

Nov. 13, 2007

Nov. 13, 2007

Pleading / Motion / Brief
22

3:07-cv-00945

Findings and Recommendation of the Magistrate Judge

July 20, 2009

July 20, 2009

Magistrate Report/Recommendation
28

3:07-cv-00945

Plaintiff's Brief in Opposition to Hud Objections and Motion to Stay

Aug. 10, 2009

Aug. 10, 2009

Pleading / Motion / Brief
35

3:07-cv-00945

Order Adopting Findings And Recommendations of The United States Magistrate Judge

2009 WL 3122610

Sept. 29, 2009

Sept. 29, 2009

Order/Opinion
42

3:07-cv-00945

First Amended Complaint

Oct. 26, 2009

Oct. 26, 2009

Complaint
46

3:07-cv-00945

Defendant's Answer

Nov. 23, 2009

Nov. 23, 2009

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4986194/the-inclusive-communities-project-inc-v-the-united-states-department-of/

Last updated Aug. 25, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
22

FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re 8 MOTION to Dismiss for Lack of Jurisdiction filed by The United States Department of Housing and Urban Development. Defendant's motion to dismiss for lack of subject matter jurisdiction [Doc. #8] should be granted in part and denied in part. The motion should be granted on the ground of sovereign immunity with respect to plaintiffs claims for alleged violations of the NHA. (see order) (Ordered by Magistrate Judge Jeff Kaplan on 07/20/09) (lmp)

July 20, 2009

July 20, 2009

RECAP
1

COMPLAINT against The United States Department of Housing and Urban Development filed by The Inclusive Communities Project Inc. (Filing fee $350; Receipt number 11733) (axm) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

35

ORDER ADOPTING 22 FINDINGS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE: 8 Motion to Dismiss is granted on the ground of sovereign immunity with respect to Plaintiff's claims for alleged violations of the United States Housing Act, but denied on all other grounds argued. (See Order.) (Ordered by Judge Reed C O'Connor on 9/29/2009) (twd)

Sept. 29, 2009

Sept. 29, 2009

RECAP

***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (axm) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

2

Summons Issued as to The United States Department of Housing and Urban Development, U.S. Attorney and U.S. Attorney General. (ISS−3) (axm) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

3

PLAINTIFF'S CERTIFICATE OF INTERESTED PERSONS by The Inclusive Communities Project Inc. (axm) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

4

Standing Order Designating Case for ECF − see order for specifics. (Signed by Judge Sam A Lindsay on 05/29/2007) (axm) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

5

Motion for Extension of Time to File Answer by The United States Department of Housing and Urban Development (Sandberg, Justin) (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

6

ORDER granting 5 Motion for Extension of Time to File Answer re 1 Complaint. The United States Department of Housing and Urban Development answer due 10/2/2007 by 5:00 p.m. (Signed by Judge Sam A Lindsay on 7/31/07) (skt) (Entered: 08/01/2007)

July 31, 2007

July 31, 2007

7

NOTICE by The United States Department of Housing and Urban Development of Substitution of Counsel (Todd, James) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

8

MOTION to Dismiss for Lack of Subject Matter Jurisdiction Accompanying Brief; Certificate of Interested Persons by The United States Department of Housing and Urban Development (Attachments: # 1 Text of Proposed Order) (Todd, James) Modified on 10/4/2007 (skt). (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

9

AFFIDAVIT re 8 MOTION to Dismiss for Lack of Jurisdiction Accompanying Brief; Certificate of Interested Persons by The United States Department of Housing and Urban Development. (Todd, James) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

10

ORDER REQUIRING ATTORNEY CONFERENCE AND STATUS REPORT: This conference shall take place no later than October 17, 2007. Status Report due by 11/1/2007. (see order for specifics) (Signed by Judge Sam A Lindsay on 10/2/2007) (tln) (Entered: 10/03/2007)

Oct. 2, 2007

Oct. 2, 2007

CERTIFICATE OF INTERESTED PERSONS by The United States Department of Housing and Urban Development. (See document #8 for image.) (skt) (Entered: 10/04/2007)

Oct. 2, 2007

Oct. 2, 2007

11

Brief in Opposition filed by The Inclusive Communities Project Inc to 8 MOTION to Dismiss for Lack of Subject Matter Jurisdiction. (Daniel, Michael) Modified on 10/23/2007 (jb). (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

12

Appendix in Support filed by The Inclusive Communities Project Inc re 11 Response in Opposition to Motion to Dismiss (Daniel, Michael) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

13

NOTICE by The Inclusive Communities Project Inc Confirmation of Informal Leave of Court (Daniel, Michael) (Entered: 11/01/2007)

Nov. 1, 2007

Nov. 1, 2007

14

NOTICE by The United States Department of Housing and Urban Development of Confirmation of Informal Leave of Court to Extend Time to File Defendant's Reply Brief Until November 13, 2007 (Todd, James) (Entered: 11/05/2007)

Nov. 5, 2007

Nov. 5, 2007

16

REPLY filed by The United States Department of Housing and Urban Development re 8 MOTION to Dismiss for Lack of Jurisdiction Accompanying Brief; Certificate of Interested Persons (Todd, James) (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

17

AFFIDAVIT re 16 Reply to Response to Motion of Donald L. Darling by The United States Department of Housing and Urban Development. (Todd, James) (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

18

ORDER REASSIGNING CASE. Case reassigned to Judge Reed O'Connor for all further proceedings. Judge Sam A Lindsay no longer assigned to case. (Signed by Judge Sidney A Fitzwater on 12/4/07) (jrb) (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

19

ORDER REGARDING TRANSITION. (Signed by Judge Reed C O'Connor on 12/13/07) (npk) (Entered: 12/14/2007)

Dec. 13, 2007

Dec. 13, 2007

20

ORDER REFERRING CASE to Magistrate Judge Jeff Kaplan for pretrial management. Motion(s) referred to Magistrate Judge Jeff Kaplan. (Signed by Judge Reed C O'Connor on 10/1/08) (jrb) (Entered: 10/01/2008)

Oct. 1, 2008

Oct. 1, 2008

21

NOTICE OF OPTION TO CONSENT TO PROCEED BEFORE THE MAGISTRATE JUDGE: A consent form is attached for your convenience. Please complete this form and return it to the district clerk by October 22, 2008. (Signed by Magistrate Judge Jeff Kaplan on 10/7/08) (skt) . (Entered: 10/07/2008)

Oct. 7, 2008

Oct. 7, 2008

23

ORDER: In a letter to the attorneys dated October 28,2008, the court indicated that defendant would be required to produce the administrative record to opposing counsel within 30 days after the magistrate judge filed his recommendation on the pending motion to dismiss. That recommendation was filed today. Accordingly, defendant shall produce the administrative record to counsel for plaintiff by August 19, 2009. (Ordered by Magistrate Judge Jeff Kaplan on 07/20/09) (lmp) (Entered: 07/21/2009)

July 20, 2009

July 20, 2009

24

Order. In order to assist the court in establishing pretrial deadlines for the prompt and efficient disposition of this case, counsel for plaintiff and defendant are directed to hold another Rule 26(f) conference by August 3, 2009. The parties shall submit a joint status report and proposed scheduling plan by August 17, 2009. (see order) (Ordered by Magistrate Judge Jeff Kaplan on 07/20/09) (lmp) (Entered: 07/21/2009)

July 20, 2009

July 20, 2009

25

Unopposed MOTION for Extension of Time to File Defendant's Objections to Report and Recommendation of Magistrate Judge filed by The United States Department of Housing and Urban Development (Todd, James) (Entered: 08/05/2009)

Aug. 5, 2009

Aug. 5, 2009

26

ORDER: The deadlne for defendant to file any objections to the July 30, 2009 recommendation is extended until August 21, 2009. No further extensions will be granted absent exceptional circumstances. (Ordered by Magistrate Judge Jeff Kaplan on 8/6/2009) (jca) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

Set/Reset Deadlines as to 25 Motion for Extension of Time to File. Objections to FRdue by 8/6/2009 per 26 Order. (twd) (Entered: 08/07/2009)

Aug. 6, 2009

Aug. 6, 2009

27

Defendant's Objections and MOTION to Stay 7/20/2009 23 Order of Magistrate Judge to Produce the Administrative Record filed by The United States Department of Housing and Urban Development. (Todd, James) Modified on 8/10/2009 (skt).

Aug. 7, 2009

Aug. 7, 2009

30

ORDER denying 27 Defendant's Objections to, and Motion to Stay. (Ordered by Judge Reed C O'Connor on 8/10/2009) (klm) (Entered: 08/12/2009)

Aug. 10, 2009

Aug. 10, 2009

29

REPLY re: 27 Defendant's Objections and MOTION to Stay 7/20/2009 23 Order of Magistrate Judge to Produce the Administrative Record filed by The United States Department of Housing and Urban Development (Attachments: # 1 Exhibit 1: Ltr. from Magistrate Judge Kaplan (Oct. 29, 2008)) (Todd, James) (Entered: 08/11/2009)

Aug. 11, 2009

Aug. 11, 2009

31

Joint STATUS REPORT and Proposed Scheduling Plan filed by The Inclusive Communities Project Inc, The United States Department of Housing and Urban Development. (Daniel, Michael) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

32

SCHEDULING ORDER: Motion for Summary Judgment due by 12/18/2009; Response and Cross−Motion for Summary Judgment due by 1/19/10; Reply Brief and Response due by 2/19/10; Motions for Leave to Amend due by 10/15/2009; Motions for Leave to Conduct Discovery due by 11/13/2009. (See Order) (Ordered by Magistrate Judge Jeff Kaplan on 8/18/2009) (skt) (Entered: 08/19/2009)

Aug. 18, 2009

Aug. 18, 2009

33

OBJECTION to 22 Findings and Recommendations. (Todd, James) (Entered: 08/20/2009)

Aug. 20, 2009

Aug. 20, 2009

34

RESPONSE in Opposition filed by The Inclusive Communities Project Inc re 33 Objection to Findings and Recommendations (Daniel, Michael) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

36

MOTION for Leave to File First Amended Complaint filed by The Inclusive Communities Project Inc with Brief/Memorandum in Support. (Attachments: # 1 Exhibit First Amended Complaint) (Daniel, Michael) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

37

STANDING ORDER ON NON−DISPOSITIVE MOTIONS: This order governs the filing and disposition of all discovery−related motions, pleading disputes, and other non−dispositive motions in this case. (See order for specifics). (Ordered by Magistrate Judge Jeff Kaplan on 11/15/09) (jca) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

38

ORDER denying 36 Motion for Leave to File. Plaintiff may refile its motion, if necessary, after the parties comply with the Standing Order on Non−Dispositive Motions filed today. (Ordered by Magistrate Judge Jeff Kaplan on 10/15/09) (jca) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

39

NOTICE of Attorney Appearance by Kimberly Lynn Herb on behalf of The United States Department of Housing and Urban Development. (Herb, Kimberly) (Entered: 10/21/2009)

Oct. 21, 2009

Oct. 21, 2009

40

MOTION for Leave to File First Amended Complaint filed by The Inclusive Communities Project Inc with Brief/Memorandum in Support. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Exhibit Joint Status Report) (Daniel, Michael) (Entered: 10/23/2009)

Oct. 23, 2009

Oct. 23, 2009

43

Unopposed Motion for Extension of Time to File Answer filed by The United States Department of Housing and Urban Development with Brief/Memorandum in Support. (Attachments: # 1 Text of Proposed Order) (Todd, James) (Entered: 11/03/2009)

Nov. 3, 2009

Nov. 3, 2009

44

Unopposed MOTION to Amend/Correct 43 Unopposed Motion for Extension of Time to File Answer with Corrected Proposed Order filed by The United States Department of Housing and Urban Development (Attachments: # 1 Text of Proposed Order) (Todd, James) (Entered: 11/03/2009)

Nov. 3, 2009

Nov. 3, 2009

45

ORDER granting 43 Motion for Extension of Time to File Answer re 42 Amended Complaint. The United States Department of Housing and Urban Development answer due 11/23/2009. (Ordered by Magistrate Judge Jeff Kaplan on 11/4/2009) (mfw) (Entered: 11/04/2009)

Nov. 4, 2009

Nov. 4, 2009

46

ANSWER to 42 Amended Complaint filed by The United States Department of Housing and Urban Development (Todd, James) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

47

Unopposed MOTION to Modify 32 Scheduling Order filed by The United States Department of Housing and Urban Development with Brief/Memorandum in Support. (Attachments: # 1 Text of Proposed Order) (Todd, James) (Entered: 11/24/2009)

Nov. 24, 2009

Nov. 24, 2009

48

ORDER granting 47 Motion to modify scheduling order. Plaintiff will file its motion for summary judgment and supporting brief by January 4, 2010. Defendant will file its cross motion for summary judgment and combined brief in support by February 26, 2010. (See order for specifics). (Ordered by Magistrate Judge Jeff Kaplan on 11/24/09) (jca) (Entered: 11/25/2009)

Nov. 25, 2009

Nov. 25, 2009

49

ORDER: The scheduling order dated 8/18/2009, as modified on 11/25/2009, is further modified. Deadline for plaintiff's motion for summary judgment is 2/5/10; deadline for defendant's opposition and cross−motion for summary judgment is 3/29/10; deadline for plaintiff's reply and opposition to cross−motion is 4/29/10; deadline for defendant's reply is 5/28/10. (See Order for specifics) (Ordered by Magistrate Judge Jeff Kaplan on 12/30/2009) (skt) Modified on 12/31/2009 (caw). (Entered: 12/30/2009)

Dec. 30, 2009

Dec. 30, 2009

50

ORDER: A stipulation of dismissal shall be submitted to the court by 5/3/2010. (see order) (Ordered by Magistrate Judge Jeff Kaplan on 1/27/2010) (axm) (Entered: 01/28/2010)

Jan. 27, 2010

Jan. 27, 2010

51

ORDER: At the request of the parties, the deadline for finalizing a settlement in this case is extended to June 4, 2010. No further extensions will be granted. (See order). (Ordered by Magistrate Judge Jeff Kaplan on 5/4/2010) (chmb) (Entered: 05/04/2010)

May 4, 2010

May 4, 2010

52

Order Directing Administrative Closure. (See Order) (Ordered by Magistrate Judge Jeff Kaplan on 6/7/2010) (dnc) (Entered: 06/08/2010)

June 7, 2010

June 7, 2010

53

Unopposed MOTION to Reopen Case for the Filing of a Stipulation of Dismissal filed by The Inclusive Communities Project Inc (Attachments: # 1 Proposed Order Proposed Agreed Order) (Daniel, Michael) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

54

NOTICE Stipulation of Dismissal re: 53 Unopposed MOTION to Reopen Case for the Filing of a Stipulation of Dismissal filed by The Inclusive Communities Project Inc (Daniel, Michael) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

55

Order Granting 53 Unopposed MOTION to Reopen Case for the Filing of a Stipulation of Dismissal filed by The Inclusive Communities Project Inc. (Ordered by Judge Reed C O'Connor on 7/5/2012) (cea) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

***Civil Case Terminated Per Stipulation at Docket 54 . (cea) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

41

Memorandum Order granting 40 MOTION for Leave to File First Amended Complaint filed by The Inclusive Communities Project Inc. Counsel granted leave to file an amended pleading under LR 15.1 is reminded to electronically file the amended pleading. (see order) (Ordered by Magistrate Judge Jeff Kaplan on 10/26/2009) (mfw) Modified on 10/26/2009 (twd).

Oct. 26, 2009

Oct. 26, 2009

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Public Housing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 29, 2007

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a non-profit organization that provides assistance to minority families participating in the Housing Choice Voucher Program under Section 8 of the United States Housing Act of 1937, as amended, 42 U.S.C. § 1437, et seq.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Federal

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Funding

Discrimination-basis:

Race discrimination