Case: National Fair Housing Alliance v. Carson

1:18-cv-01076 | U.S. District Court for the District of Columbia

Filed Date: May 8, 2018

Clearinghouse coding complete

Case Summary

On May 8, 2018, National Fair Housing Alliance, Texas Low Income Housing Information Services, and Texas Appleseed filed this lawsuit against the U.S. Department of Housing and Urban Development (HUD) in the U.S. District Court for the District of Columbia. The plaintiffs were represented by the NAACP Legal Defense & Educational Fund, the American Civil Liberties Union, the National Fair Housing Alliance, Lawyers’ Committee for Civil Rights, Public Citizen Litigation Group, and private counsel.…

On May 8, 2018, National Fair Housing Alliance, Texas Low Income Housing Information Services, and Texas Appleseed filed this lawsuit against the U.S. Department of Housing and Urban Development (HUD) in the U.S. District Court for the District of Columbia. The plaintiffs were represented by the NAACP Legal Defense & Educational Fund, the American Civil Liberties Union, the National Fair Housing Alliance, Lawyers’ Committee for Civil Rights, Public Citizen Litigation Group, and private counsel. They sought injunctive and declaratory relief as well as attorneys’ fees and costs under the Administrative Procedure Act and the Declaratory Judgment Act. They claimed that a suspension of Fair Housing Act rules violated the Administrative Procedure Act (APA). This case was assigned to Judge Beryl Howell.

In 2009, amid widespread expert agreement that its current system for ensuring local government Fair Housing Act (FHA) compliance had failed, HUD began planning a substantial overhaul, promulgating Affirmatively Furthering Fair Housing Rule ("AFFH Rule") in 2015. The rule required cities and counties receiving federal housing assistance to submit to HUD an Assessment of Fair Housing (AFH) every three to five years using a standardized template called the Assessment Tool. In the AFH, each participating local government was required to document any identified fair housing issues and outline its plans for addressing them; these plans were then reviewed by HUD for adequacy. The AFFH rule also committed HUD to providing participating cities and counties with guidance and technical support.

Yet on January 5, 2018, without providing advance notice or opportunity for comment, HUD published a notice in the Federal Register immediately suspending the AFH requirement of the AFFH rule. Specifically, it released local governments from submitting new assessments before October 31, 2020, and announced that it would not review any submitted AFHs before that date. The official reason given by the agency was that "program participants needed more time to adjust to the new AFFH process" and "additional technical assistance may result in program participants better understanding their obligations under the AFFH rule." According to the plaintiffs, however, HUD had yet to take any public action to provide "additional technical assistance."

In the complaint filed on May 8, the plaintiffs asserted that these actions violated the Administrative Procedure Act and breached the agency's obligations under the Fair Housing Act. Yet on May 23, 2018, HUD published three related notices in the Federal Register. The first of these notices withdrew the January 5 suspension of the rule. But the second and third notices, respectively, withdrew the Assessment Tool and announced that participating jurisdictions could meet their AFFH duty if they simply "acted in accordance" with HUD's pre-AFFH system.

In response, the plaintiffs filed an amended complaint on May 29, 2018 alleging that the combined effect of these latter two notices was the same as the agency's initial suspension in January. They also sought preliminary injunction and summary judgment, seeking the reinstatement of the Assessment Tool and the resumption of the normal AFH submission schedule. On June 5, 2018, several states and cities filed amicus brief in support of the plaintiffs, with the State of New York also moving to intervene as a plaintiff.

HUD filed its opposition brief on June 12, 2018, and later moved to dismiss for lack of jurisdiction on July 9, arguing in both that the plaintiffs lacked standing to bring the lawsuit.

On August 17, 2018, the court denied the plaintiffs' motions for a preliminary injunction and summary judgment, and denied the State of New York's motion to intervene. It granted the defendant's motion to dismiss, holding that the plaintiffs lacked standing. However, the plaintiffs filed a motion to alter judgment on September 14, 2018 and also sought to amend their complaint to further illustrate factual disputes they allege are grounds for reopening the case.

Judge Howell denied the plaintiffs' motion to alter judgment and amend the complaint on August 26, 2019. Holding that a motion to alter judgment is an "extraordinary remedy" and the plaintiffs seeking reconsideration must meet a very high bar, Judge Howell found that the plaintiffs failed to meet such bar. The court found that although the plaintiffs’ claim that the final judgment was based on erroneous factual allegations, the "judgment was not premised on factual conclusions but rather on a legal assessment of the existing regulatory regime after HUD’s contested actions." 397 F.Supp.3d 1.

Summary Authors

Sean Whetstone (7/17/2018)

Alexander Walling (8/15/2018)

Rachel Czwartacky (4/1/2019)

Bogyung Lim (5/26/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6464058/parties/national-fair-housing-alliance-v-carson/


Judge(s)

Howell, Beryl Alaine (District of Columbia)

Attorneys(s) for Plaintiff

Allen, Michael Gerhart (District of Columbia)

Goodman, Rachel E.. (New York)

Greenbaum, Jon M. (District of Columbia)

Haberle, Megan (District of Columbia)

Ifill, Sherrilyn (New York)

Park, Sandra S. (New York)

Pratt, Sara (District of Columbia)

Quereshi, Ajmel (District of Columbia)

Rich, Joseph D. (District of Columbia)

Judge(s)

Howell, Beryl Alaine (District of Columbia)

Attorneys(s) for Plaintiff

Allen, Michael Gerhart (District of Columbia)

Goodman, Rachel E.. (New York)

Greenbaum, Jon M. (District of Columbia)

Haberle, Megan (District of Columbia)

Ifill, Sherrilyn (New York)

Park, Sandra S. (New York)

Pratt, Sara (District of Columbia)

Quereshi, Ajmel (District of Columbia)

Rich, Joseph D. (District of Columbia)

Samberg-Champion, Sasha M. (District of Columbia)

Silverstein, Thomas S. (District of Columbia)

Sloan, Melissa Madison (Texas)

Spital, Samuel (New York)

Spitzer, Arthur (District of Columbia)

Tegeler, Philip D. (Connecticut)

Williams, Morgan Whitney (District of Columbia)

Zieve, Allison Marcy (District of Columbia)

Attorneys(s) for Defendant

Halainen, Daniel (District of Columbia)

Other Attorney(s)

Becerra, Xavier (California)

Brown, Stanley Joseph (New York)

Cochran, Shaylyn Capri (District of Columbia)

Colangelo, Matthew B. (District of Columbia)

Emch, Dale R. (Ohio)

Ferguson, Robert W. (Washington)

Frosh, Brian E. (Maryland)

Gittens, Adrienne (Pennsylvania)

Grimm, John Robert (District of Columbia)

Healey, Maura T. (Massachusetts)

Herring, Mark R. (Virginia)

Holmes, Peter S. (Washington)

Lebeouf, Sunni (Louisiana)

Morgan, Anne L. (Texas)

Parker, Barbara J (California)

Racine, Karl A. (District of Columbia)

Reeve, Tracy (Oregon)

Taplin, Cherrell Simms (Louisiana)

Toson, Lilia (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 26, 2019 Docket
2

Plaintiff's Motion for a Preliminary Injunction and for Expedited Summary Judgment

May 8, 2018 Pleading / Motion / Brief
1

Complaint

May 8, 2018 Complaint
19

Plaintiff's Motion for a Preliminary Injunction and for Expedited Summary Judgment

May 29, 2018 Pleading / Motion / Brief
18

First Amended Complaint

May 29, 2018 Complaint
27

Brief of the States as Amici Curiae in Support of Plaintiffs' Renewed Motion for Preliminary Injunction and for Summary Judgment

June 5, 2018 Pleading / Motion / Brief
47

Memorandum Opinion

330 F.Supp.3d 14, 2018 WL 3962930

Aug. 17, 2018 Order/Opinion
55

Memorandum Opinion

397 F.Supp.3d 1

Aug. 26, 2019 Order/Opinion

Resources

Title Description External URL

National Fair Housing Alliance et al v. Carson (2018)

Poverty and Race Research Action Council

On May 8, 2018, alongside other civil rights organizations, PRRAC filed a lawsuit challenging the Trump Administration’s suspension of the Affirmatively Furthering Fair Housing (AFFH) rule and obliga… Aug. 1, 2018 https://prrac.org/national-fair-housing-alliance-et-al-v-carson-2018/

Background on NFHA, et. al. v. Carson

National Fair Housing Alliance

On January 5, 2018, HUD effectively suspended implementation of the agency’s 2015 Affirmatively Furthering Fair Housing regulation. It did this by issuing a notice delaying program participants’ subm… Aug. 9, 2018 https://nationalfairhousing.org/background-on-nfha-et-al-v-carson/#:~:text=al.-,v.,Affirmatively%20Furthering%20Fair%20Housing%20regulation.&text=HUD's%20delay%20means%20that%20most,review%20until%202024%20or%202025

National Fair Housing Alliance v. Carson - Defending Regulation Requiring Jurisdictions to Take Affirmative Steps to Promote Fair Housing

ACLU District of Columbia

In 2015 HUD issued the “Affirmatively Furthering Fair Housing” Rule, which requires jurisdictions receiving federal financial aid for housing to account for fair housing issues in their regular plann… Aug. 1, 2019 https://www.acludc.org/en/cases/national-fair-housing-alliance-v-carson-defending-regulation-requiring-jurisdictions-take

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6464058/national-fair-housing-alliance-v-carson/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( Filing fee $ 400 receipt number 0090-5467308) filed by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Ben Carson, # 3 Summons HUD)(Samberg-Champion, Sasha) (Entered: 05/08/2018)

1 Civil Cover Sheet

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2 Summons Ben Carson

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3 Summons HUD

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May 8, 2018 RECAP
2

MOTION for Preliminary Injunction and for Summary Judgment by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Maxwell Ciardullo, # 3 Declaration of Janet Hostetler, # 4 Declaration of Justin Steil, # 5 Declaration of Madison Sloan, # 6 Declaration of Deborah Goldberg, # 7 Declaration of John Henneberger, # 8 Declaration of Lisa Rice, # 9 Declaration of Daniel Urevick-Ackelsberg, # 10 Memorandum in Support of Plaintiffs' Motion for a Preliminary Injunction and for Summary Judgment)(Samberg-Champion, Sasha). Added MOTION for Summary Judgment on 5/18/2018 (zrdj). (Entered: 05/08/2018)

1 Text of Proposed Order

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2 Declaration of Maxwell Ciardullo

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3 Declaration of Janet Hostetler

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4 Declaration of Justin Steil

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5 Declaration of Madison Sloan

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6 Declaration of Deborah Goldberg

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7 Declaration of John Henneberger

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8 Declaration of Lisa Rice

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9 Declaration of Daniel Urevick-Ackelsberg

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10 Memorandum in Support of Plaintiffs' Motion for a Preliminary Injunction an

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May 8, 2018 PACER
3

NOTICE of Appearance by Allison Marcy Zieve on behalf of All Plaintiffs (Zieve, Allison) (Entered: 05/08/2018)

May 8, 2018 PACER
4

NOTICE of Appearance by Ajmel A. Quereshi on behalf of All Plaintiffs (Quereshi, Ajmel) (Entered: 05/08/2018)

May 8, 2018 PACER

Case Assigned to Chief Judge Beryl A. Howell. (zmd)

May 8, 2018 PACER
5

SUMMONS (4) Issued Electronically as to BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 05/08/2018)

May 8, 2018 PACER
6

NOTICE of Appearance by Thomas Silverstein on behalf of All Plaintiffs (Silverstein, Thomas) (Entered: 05/08/2018)

May 8, 2018 PACER
7

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 05/08/2018)

May 8, 2018 PACER
8

STANDING ORDER. Signed by Chief Judge Beryl A. Howell on May 8, 2018. (lcbah2) (Entered: 05/08/2018)

May 8, 2018 PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/8/2018. Answer due for ALL FEDERAL DEFENDANTS by 7/7/2018. (Samberg-Champion, Sasha) (Entered: 05/08/2018)

May 8, 2018 PACER

MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER to control the timing of proceedings in this matter: (1) by May 15, 2018, the defendants shall file any Opposition to the plaintiffs' 2 Motion For A Preliminary Injunction And For Expedited Summary Judgment, see LCvR 65.1(c); and (2) by May 22, 2018, the plaintiffs shall file any Reply to the defendants' Opposition. Signed by Chief Judge Beryl A. Howell on May 9, 2018. (lcbah2)

May 9, 2018 PACER

Set/Reset Deadlines: Opposition to 2 Motion for a Preliminary Injunction and for Expedited Summary Judgment due by 5/15/2018; Reply due by 5/22/2018. (tg)

May 10, 2018 PACER
10

NOTICE of Appearance by Michael Gerhart Allen on behalf of All Plaintiffs (Allen, Michael) (Entered: 05/10/2018)

May 10, 2018 PACER
11

NOTICE of Appearance by Daniel J. Halainen on behalf of All Defendants (Halainen, Daniel) (Entered: 05/10/2018)

May 10, 2018 PACER
12

Consent MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction and for Summary Judgment by BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Halainen, Daniel) (Entered: 05/10/2018)

May 10, 2018 PACER

VACATED PURSUANT TO MINTE ORDER DATED 5/23/2018.....MINUTE ORDER (paperless) GRANTING the defendants' 12 Consent Motion for Extension of Time, and ISSUING the following SCHEDULING ORDER to control the timing of proceedings in this matter: (1) the defendants shall file, by May 29, 2018, any response to the plaintiffs' 2 Motion for a Preliminary Injunction and for Expedited Summary Judgment; and (2) the plaintiffs shall file, by June 8, 2018, any reply to the defendants' response. It is further ORDERED that any amicus briefs shall be filed by May 22, 2018. Signed by Chief Judge Beryl A. Howell on May 10, 2018. (lcbah2) Modified on 5/25/2018 (zrdj).

May 10, 2018 PACER

Set/Reset Deadlines: Amicus briefs due by 5/22/2018; defendants' response to the 2 motion for preliminary injunction and for expedited summary judgment due by 5/29/2018; plaintiffs' reply due by 6/8/2018. (tg)

May 11, 2018 PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Melissa Madison Sloan, :Firm- Texas Appleseed, :Address- 1609 Shoal Creek Blvd, Suite 201, Austin, Texas 78701. Phone No. - (512) 473-2800. Filing fee $ 100, receipt number 0090-5480311. Fee Status: Fee Paid. by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE (Attachments: # 1 Declaration Declaration of Melissa Madison Sloan)(Samberg-Champion, Sasha) (Entered: 05/14/2018)

May 14, 2018 PACER
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sara K. Pratt, :Firm- Relman, Dane & Colfax PLLC, :Address- 1225 19th Street NW, Suite 600, Washington, DC 20036. Phone No. - 202-728-1888. Fax No. - 202-728-0848 Filing fee $ 100, receipt number 0090-5480444. Fee Status: Fee Paid. by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE (Attachments: # 1 Declaration of Sara K. Pratt)(Samberg-Champion, Sasha) (Entered: 05/14/2018)

May 14, 2018 PACER

MINUTE ORDER (paperless) GRANTING the plaintiffs' 13 Motion for Admission of Attorney Pro Hac Vice of Melissa Madison Sloan. Melissa Madison Sloan may enter an appearance pro hac vice for the purpose of representing the plaintiff Texas Appleseed in this action. Signed by Chief Judge Beryl A. Howell on May 15, 2018. (lcbah2)

May 15, 2018 PACER

MINUTE ORDER (paperless) GRANTING the plaintiffs' 14 Motion for Admission of Attorney Pro Hac Vice of Sara K. Pratt. Sara K. Pratt may enter an appearance pro hac vice for the purpose of representing the plaintiffs in this action. Signed by Chief Judge Beryl A. Howell on May 15, 2018. (lcbah2)

May 15, 2018 PACER
15

NOTICE by BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Halainen, Daniel) (Entered: 05/18/2018)

May 18, 2018 PACER
16

Joint STATUS REPORT and Motion to Set Briefing Schedule by BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Text of Proposed Order)(Halainen, Daniel) (Entered: 05/22/2018)

May 22, 2018 PACER
17

MOTION for Briefing Schedule by BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (See docket entry 16 to view document)(zrdj) (Entered: 05/22/2018)

May 22, 2018 PACER

MINUTE ORDER (paperless) GRANTING, upon consideration of the parties' 16 Joint Status Report and Motion to Set Briefing Schedule, the parties' 17 Motion for Briefing Schedule. Accordingly, this Court VACATES the Minute Order, dated May 10, 2018, and ISSUES the following SCHEDULING ORDER to control the timing of proceedings in this matter: (1) the plaintiffs shall file, by May 29, 2018, their Amended Complaint and Renewed Motion for a Preliminary Injunction and for Expedited Summary Judgment; (2) the defendants shall file, by June 12, 2018, any response to the plaintiffs' Renewed Motion for a Preliminary Injunction and for Expedited Summary Judgment; and (3) the plaintiffs shall file, by June 26, 2018, any reply to the defendants' response. It is further ORDERED that any amicus briefs shall be filed by June 5, 2018. Signed by Chief Judge Beryl A. Howell on May 23, 2018. (lcbah2)

May 23, 2018 PACER

Set/Reset Deadlines: Plaintiff's Amended Complaint, Renewed Motion for Preliminary Injunction, and Expedited Summary Judgment due by 5/29/2018. Defendants' response to Plaintiff's Renewed Motion for Preliminary Injunction and Expedited Summary Judgment Motion due by 6/12/2018. Plaintiff's reply in support of its Renewed Motion for Preliminary Injunction and Expedited Summary Judgment due by 6/26/2018. Any amicus briefs due by 6/5/2018. (hmc)

May 23, 2018 PACER
18

AMENDED COMPLAINT against All Defendants filed by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE.(Samberg-Champion, Sasha) (Entered: 05/29/2018)

May 29, 2018 PACER
19

MOTION for Preliminary Injunction, MOTION for Summary Judgment by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE (Attachments: # 1 Declaration of Daniel Urevick-Ackelsberg, # 2 Declaration of Deborah Goldberg, # 3 Declaration of Franklin A. Lenk, # 4 Declaration of Maxwell Ciardullo, # 5 Declaration of Janet Hostetler, # 6 Declaration of John Henneberger, # 7 Declaration of Madison Sloan, # 8 Declaration of Justin Steil, # 9 Declaration of Lisa Rice, # 10 Text of Proposed Order, # 11 Memorandum in Support of Motion for Preliminary Injunction and Summary Judgment)(Samberg-Champion, Sasha) (Entered: 05/29/2018)

May 29, 2018 PACER
20

NOTICE of Appearance by Stanley Joseph Brown on behalf of PolicyLink (Brown, Stanley) (Entered: 05/31/2018)

May 31, 2018 PACER
21

Consent MOTION for Leave to File Amicus Curiae by PolicyLink (Attachments: # 1 Proposed Order)(Brown, Stanley) (Entered: 05/31/2018)

1 Proposed Order

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May 31, 2018 PACER
22

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Morgan Whitney Williams, :Firm- National Fair Housing Alliance, :Address- 1101 Vermont Ave NW, Suite 710, Washington DC, 20005. Phone No. - (202) 898-1661. Filing fee $ 100, receipt number 0090-5510235. Fee Status: Fee Paid. by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE (Attachments: # 1 Declaration of Morgan Whitney Williams)(Samberg-Champion, Sasha) (Entered: 05/31/2018)

May 31, 2018 PACER

MINUTE ORDER (paperless) GRANTING PolicyLink's 21 Consent Motion of Amicus Curiae PolicyLink for Leave. Accordingly, PolicyLink may file, by June 5, 2018, an amicus brief in support of the plaintiff's Motion for a Preliminary Injunction and for Expedited Summary Judgment. Signed by Chief Judge Beryl A. Howell on June 1, 2018. (lcbah2)

June 1, 2018 PACER

MINUTE ORDER (paperless) GRANTING the plaintiffs' 22 Motion for Admission Pro Hac Vice of Morgan Whitney Williams. Morgan Whitney Williams may enter an appearance pro hac vice for the purpose of representing the plaintiffs in this action. Signed by Chief Judge Beryl A. Howell on June 1, 2018. (lcbah2)

June 1, 2018 PACER
23

MOTION for Leave to File Brief of Amici Curiae by NATIONAL HOUSING LAW PROJECT (Attachments: # 1 Supplement Amicus Brief, # 2 Appendix, # 3 Text of Proposed Order)(Cochran, Shaylyn) (Entered: 06/05/2018)

1 Supplement Amicus Brief

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2 Appendix

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3 Text of Proposed Order

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June 5, 2018 PACER
24

MOTION to Intervene as Plaintiff by State of New York (Attachments: # 1 Memorandum in Support, # 2 Exhibit Complaint in Intervention, # 3 Text of Proposed Order)(Colangelo, Matthew) (Entered: 06/05/2018)

June 5, 2018 PACER
25

NOTICE of Appearance by Matthew Colangelo on behalf of State of New York (Colangelo, Matthew) (Entered: 06/05/2018)

June 5, 2018 PACER
26

SUPPLEMENTAL MEMORANDUM to re 19 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by State of New York. (Attachments: # 1 Exhibit Declaration of RuthAnne Visnauskas, # 2 Exhibit Declaration of Adam Salgado, # 3 Exhibit Declaration of Matt Murphy, # 4 Exhibit Unpublished Order, NRDC v. National Highway Traffic Safety Admin., Nos. 17-2780, 17-2806 (2d Cir. Apr. 23, 2018))(Colangelo, Matthew) (Entered: 06/05/2018)

June 5, 2018 PACER
27

AMICUS BRIEF by STATE OF MARYLAND, STATE OF CALIFORNIA, COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF VIRGINIA, STATE OF WASHINGTON, DISTRICT OF COLUMBIA, CITY OF AUSTIN, TEXAS, CITY OF NEW ORLEANS, CITY OF OAKLAND, CITY OF PORTLAND, OREGON, CITY OF SEATTLE, THE, CITY OF TOLEDO re 19 MOTION for Preliminary Injunction MOTION for Summary Judgment (Grimm, John) Modified on 6/11/2018 to edit event (zrdj). (Entered: 06/05/2018)

June 5, 2018 PACER
28

NOTICE of Appearance by John Robert Grimm on behalf of STATE OF MARYLAND (Grimm, John) (Entered: 06/05/2018)

June 5, 2018 PACER

MINUTE ORDER (paperless) GRANTING National Housing Law Project and other housing, consumer, anti-homelessness, and anti-poverty advocates' 23 Motion by Housing, Consumer, Anti-Homelessness, and Anti-Poverty Advocates for Leave to File Brief of Amici Curiae. The Brief of Amici Curiae attached to the Motion, ECF No. 23-1, is hereby accepted. Signed by Chief Judge Beryl A. Howell on June 5, 2018. (lcbah2)

June 5, 2018 PACER
29

AMICUS BRIEF by POLICYLINK re 19 MOTION for Preliminary Injunction MOTION for Summary Judgment (Attachments: # 1 Declaration of Kalima S. Rose, # 2 Rose Exhibit 1, # 3 Rose Exhibit 2, # 4 Rose Exhibit 3, # 5 Rose Exhibit 4, # 6 Rose Exhibit 5, # 7 Declaration of Stanley J. Brown)(Brown, Stanley) Modified on 6/11/2018 to edit event (zrdj). (Entered: 06/05/2018)

June 5, 2018 PACER
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AMICUS BRIEF by NATIONAL HOUSING LAW PROJECT. (zrdj) (Entered: 06/06/2018)

June 5, 2018 PACER

MINUTE ORDER (paperless) DIRECTING, upon consideration of State of New York's 24 Motion to Intervene in Support of Plaintiffs that (1) the parties file, by June 19, 2018, any opposition to State of New York's 24 Motion, and (2) State of New York file, by June 26, 2018, any reply in support of its 24 Motion. In the meantime, the portion of State of New York's 24 Motion requesting that its 26 Memorandum of Law in Support of Plaintiffs' Renewed Motion for a Preliminary Injunction and for Summary Judgment be considered as an amicus submission in support of the plaintiffs' 19 Motion is GRANTED. Accordingly, State of New York's 26 Memorandum of Law is hereby accepted and considered filed as of June 5, 2018. Signed by Chief Judge Beryl A. Howell on June 6, 2018. (lcbah2)

June 6, 2018 PACER

Set/Reset Deadlines: Oppositions to the State of New York's 24 Motion, if any, due by 6/19/2018; State of New York's reply due by 6/26/2018. (tg)

June 6, 2018 PACER
31

NOTICE of Corrected Declaration of Kalima K. Rose by POLICYLINK re 29 Notice (Other), 19 MOTION for Preliminary Injunction MOTION for Summary Judgment (Attachments: # 1 Rose Exhibit 1, # 2 Rose Exhibit 2, # 3 Rose Exhibit 3, # 4 Rose Exhibit 4, # 5 Rose Exhibit 5)(Brown, Stanley) (Entered: 06/06/2018)

June 6, 2018 PACER
32

NOTICE of Appearance by Adrienne Gittens on behalf of POLICYLINK (Gittens, Adrienne) (Entered: 06/07/2018)

June 7, 2018 PACER
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Memorandum in opposition to re 19 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Declaration of Krista Mills, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13)(Halainen, Daniel) (Entered: 06/12/2018)

June 12, 2018 PACER
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NOTICE (Joint) of Availability by BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Halainen, Daniel) (Entered: 06/14/2018)

June 14, 2018 PACER

MINUTE ORDER (paperless) SCHEDULING, upon consideration of the parties' 34 Joint Notice of Counsel's Availability, a hearing on the plaintiffs' 19 Motion for Preliminary Injunction and for Expedited Summary Judgment for July 18, 2018, at 10:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. Signed by Chief Judge Beryl A. Howell on June 15, 2018. (lcbah2)

June 15, 2018 PACER

Set/Reset Hearings: Preliminary Injunction Hearing scheduled for 7/18/2018, at 10:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg) Modified hearing date on 6/15/2018 (tg).

June 15, 2018 PACER

MINUTE ORDER (paperless) DENYING AS MOOT, upon consideration of the plaintiffs' 19 Motion for a Preliminary Injunction and for Expedited Summary Judgment, the plaintiffs' 2 Motion for a Preliminary Injunction and for Expedited Summary Judgment. Signed by Chief Judge Beryl A. Howell on June 18, 2018. (lcbah2)

June 18, 2018 PACER
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Memorandum in opposition to re 24 MOTION to Intervene as Plaintiff filed by BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Halainen, Daniel) (Entered: 06/19/2018)

June 19, 2018 PACER
36

REPLY to opposition to motion re 24 MOTION to Intervene as Plaintiff filed by STATE OF NEW YORK. (Colangelo, Matthew) (Entered: 06/26/2018)

June 26, 2018 PACER
37

REPLY to opposition to motion re 19 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE. (Attachments: # 1 Declaration of Justin Steil, # 2 Declaration of Deborah Goldberg)(Samberg-Champion, Sasha) (Entered: 06/26/2018)

June 26, 2018 PACER

NOTICE that oral argument scheduled for July 18, 2018, at 10:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell will be held on both the plaintiffs' 19 Motion for Preliminary Injunction and for Expedited Summary Judgment, as well as the State of New York's 24 Motion to Intervene in Support of Plaintiffs. Signed by Chief Judge Beryl A. Howell on July 9, 2018. (lcbah2) Modified title on 7/9/2018 (tg).

July 9, 2018 PACER
38

MOTION to Dismiss for Lack of Jurisdiction by BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Halainen, Daniel) (Entered: 07/09/2018)

July 9, 2018 PACER

MINUTE ORDER (paperless) POSTPONING the hearing scheduled for July 18, 2018, and DIRECTING the parties, in light of the defendants' 38 Motion to Dismiss Plaintiffs' Amended Complaint, and to facilitate efficient review of all pending motions, to confer and advise the Court, by July 12, 2018, of dates between August 3 and 10, 2018, when counsel are available for a hearing to consider the plaintiffs' 19 Motion for a Preliminary Injunction and for Expedited Summary Judgment, the State of New York's 24 Motion to Intervene in Support of Plaintiffs, and the defendants' 38 Motion to Dismiss Plaintiffs' Amended Complaint. Signed by Chief Judge Beryl A. Howell on July 11, 2018. (lcbah2)

July 11, 2018 PACER

Set/Reset Deadlines: Response to Order of the Court due by 7/12/2018. (tg)

July 11, 2018 PACER
39

NOTICE (Joint) of Counsel's Availability by BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT re Order,, (Halainen, Daniel) (Entered: 07/11/2018)

July 11, 2018 PACER

MINUTE ORDER (paperless) SCHEDULING, upon consideration of the parties' 39 Joint Notice of Counsel's Availability, a hearing on August 9, 2018, at 10:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell on all pending motions. Signed by Chief Judge Beryl A. Howell on July 12, 2018. (lcbah2)

July 12, 2018 PACER

Set/Reset Hearings: Motions Hearing scheduled for 8/9/2018, at 10:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg)

July 12, 2018 PACER
40

Memorandum in opposition to re 38 MOTION to Dismiss for Lack of Jurisdiction filed by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE. (Samberg-Champion, Sasha) (Entered: 07/23/2018)

July 23, 2018 PACER
41

REPLY to opposition to motion re 38 MOTION to Dismiss for Lack of Jurisdiction filed by BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Halainen, Daniel) (Entered: 07/30/2018)

July 30, 2018 PACER
42

NOTICE of Appearance by Lilia Isobel Toson on behalf of STATE OF NEW YORK (Toson, Lilia) (Entered: 08/01/2018)

Aug. 1, 2018 PACER
43

NOTICE of Appearance by Jon M. Greenbaum on behalf of All Plaintiffs (Greenbaum, Jon) (Entered: 08/07/2018)

Aug. 7, 2018 PACER

Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Motion Hearing held on 8/9/2018, regarding 19 MOTION for Preliminary Injunction; MOTION for Summary Judgment filed by TEXAS APPLESEED, NATIONAL FAIR HOUSING ALLIANCE, TEXAS LOW INCOME HOUSING INFORMATION SERVICE; 38 MOTION to Dismiss for Lack of Jurisdiction filed by BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; 24 MOTION to Intervene as Plaintiff filed by STATE OF NEW YORK. The Court, after hearing argument, reserved its decision. (Court Reporter Elizabeth Saint-Loth.) (tg)

Aug. 9, 2018 PACER
44

TRANSCRIPT OF HEARING before Chief Judge Beryl A. Howell, held on 8-9-2018; Page Numbers: 1 - 106. Date of Issuance: 08-14-2018. Court Reporter/Transcriber: Elizabeth SaintLoth, Telephone number 202-354-3242, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter refer enced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/14/2018. Release of Transcript Restriction set for 11/12/2018.(Saint-Loth, Elizabeth) (Entered: 08/14/2018)

Aug. 14, 2018 PACER
45

NOTICE of Post-Hearing Development by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE (Attachments: # 1 Exhibit 1 - Advanced Notice of Proposed Rulemaking)(Samberg-Champion, Sasha) (Entered: 08/16/2018)

Aug. 16, 2018 PACER
46

ORDER DENYING the plaintiffs' 19 Motion for Preliminary Injunction and for Expedited Summary Judgment, DENYING New York State's 24 Motion to Intervene in Support of the Plaintiffs, and GRANTING the defendants' 38 Motion to Dismiss Plaintiffs' Amended Complaint. See Order for further details. The Clerk of the Court is directed to close this case. Signed by Chief Judge Beryl A. Howell on August 17, 2018. (lcbah4) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
47

MEMORANDUM OPINION regarding the plaintiffs' 19 Motion for Preliminary Injunction and for Expedited Summary Judgment, New York State's 24 Motion to Intervene in Support of Plaintiffs, and the defendants' 38 Motion to Dismiss Plaintiffs' Amended Complaint. Signed by Chief Judge Beryl A. Howell on August 17, 2018. (lcbah4) (Entered: 08/17/2018)

Aug. 17, 2018 RECAP
48

MOTION to Alter Judgment by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE (Attachments: # 1 Proposed Second Amended Complaint, # 2 Proposed Second Amended Complaint Redline, # 3 Text of Proposed Order)(Samberg-Champion, Sasha). Added MOTION to Amend/Correct on 9/17/2018 (zrdj). (Entered: 09/14/2018)

Sept. 14, 2018 PACER
49

Memorandum in opposition to re 48 MOTION to Alter Judgment MOTION to Amend/Correct filed by BEN CARSON, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Halainen, Daniel) (Entered: 09/28/2018)

Sept. 28, 2018 PACER
50

Consent MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Alter Judgment MOTION to Amend/Correct by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE (Samberg-Champion, Sasha) (Entered: 10/01/2018)

Oct. 1, 2018 PACER

MINUTE ORDER (paperless) GRANTING the plaintiffs' 50 Consent Motion for Extension of Time to File Reply Brief in Further Support of Motion to Amend the Judgement and for Leave to Amend the Complaint, and DIRECTING the plaintiffs to file their reply by October 9, 2018. Signed by Chief Judge Beryl A. Howell on October 2, 2018. (lcbah2)

Oct. 2, 2018 PACER

Set/Reset Deadlines: Plaintiffs' reply in support of 48 motion due by 10/9/2018. (tg)

Oct. 2, 2018 PACER
51

REPLY to opposition to motion re 48 MOTION to Alter Judgment MOTION to Amend/Correct filed by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE. (Samberg-Champion, Sasha) (Entered: 10/09/2018)

Oct. 9, 2018 PACER
52

NOTICE of Change of Address by Daniel J. Halainen (Halainen, Daniel) (Entered: 10/16/2018)

Oct. 16, 2018 PACER
53

NOTICE OF SUPPLEMENTAL AUTHORITY by NATIONAL FAIR HOUSING ALLIANCE, TEXAS APPLESEED, TEXAS LOW INCOME HOUSING INFORMATION SERVICE (Attachments: # 1 Exhibit 1)(Samberg-Champion, Sasha) (Entered: 03/11/2019)

March 11, 2019 PACER
54

Order on Motion to Alter Judgment

Aug. 26, 2019 PACER
55

MEMORANDUM OPINION regarding the 48 Plaintiffs' Motion to Amend the Judgment and for Leave to Amend the Complaint. Signed by Chief Judge Beryl A. Howell on August 26, 2019. (lcbah1)

Aug. 26, 2019 RECAP

State / Territory: District of Columbia

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: May 8, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

1. NFHA is a nationwide alliance of private, nonprofit, fair housing organizations, including organizations in 28 states. 2. Texas Housers/Texas Low Income Housing information Services is a non-profit corporation with offices in Austin. 3. Texas Appleseed is a non-profit organization headquartered in Austin, Texas.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Appleseed

Lawyers Comm. for Civil Rights Under Law

NAACP Legal Defense Fund

Relman, Dane & Colfax

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 (HUD) (District of Columbia), Federal

Defendant Type(s):

Housing Authority

Case Details

Causes of Action:

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

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Funding

Housing

Poverty/homelessness

Public assistance grants

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Race, unspecified