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

Post-Ruling

• Defendants’ opposition to Plaintiffs’ Motion to Amend the Judgment and for Leave to Amend the Complaint (October 2018)
• Plaintiffs’ reply brief (October 2018)
• Plaintiffs’ Motion to Amend the Judgment and for Leave to Amend the Complaint (September 2018)
• Second Amended Complaint (September 2018)

Ruling

• Opinion (U.S. District Court of the District of Columbia, Aug. 17, 2018)
• National Fair Housing Alliance Statement on Ruling in NFHA, et al v. Carson (Aug 17, 2018)

Case Overview

• Case Overview

Plaintiffs’ Amended Court Papers

• Amended Complaint (May 30, 2018)
• Memorandum in Support of Plaintiffs’ Renewed Motion for Preliminary Injunction and Summary Judgment
• Attachments to Renewed Motion for Preliminary Injunction
• Plaintiffs’ Reply Memorandum
  • Supplemental Declaration of Justin Steil
  • Supplemental Declaration of Debbie Goldberg
• Brief in Opposition to the Government’s Motion to Dismiss

Defendants’ Court Papers

• Defendants’ Memorandum in Opposition to Plaintiff’s Motion
• Defendants’ Memorandum in Opposition to New York State’s Motion to Intervene
• Memorandum in Support of Defendants’ Motion to Dismiss

Court Papers

• Complaint (May 2018)
• Memorandum in Support of Plaintiffs’ Motion for Preliminary Injunction and Summary Judgment (May 2018)
• Plaintiffs’ Preliminary Injunction Motion and attachments

Amicus briefs in support of plaintiffs

• Amicus Brief of Brief of Housing, Consumer, Anti-Homelessness, and Anti-Poverty Advocates(NHLP, NLCHP, NLIHC, et al, June 5, 2018
  •  and Statement of Interest of Amici (list of over 50 amicus organizations joining brief)
• Amicus Brief of the States of Maryland, California, Massachusetts, Virginia, and Washington; The District of Columbia; and the Cities of Austin, Texas; New Orleans, Louisiana; Oakland, California; Portland, Oregon; Seattle, Washington; and Toledo, Ohio (June 5, 2018)
• Brief on behalf of proposed intervenor – New York State (June 5, 2018)
  • Declaration of Commissioner Visnauskas
  • Declaration of Matthew Murphy (NYC HPD)
  • Declaration of Adam Salgado (New Rochelle)
• Amicus Brief of Policy Link (June 5, 2018)
  • and declaration of Kalima Rose

Original Plaintiffs’ Court Papers

• Complaint (May 2018)
• Memorandum in Support of Plaintiffs’ Motion for Preliminary Injunction and Summary Judgment (May 2018)
• Plaintiffs’ Preliminary Injunction Motion and attachments

Assessment of Fair Housing: past HUD materials

• Assessment Tool for Local Governments (withdrawn by HUD)
• AFFH Rule Guidebook (guidance on the assessment tool and AFFH)

Background Materials

• PRRAC’s brief backgrounders (and other material) on the AFFH regulation and its formation.
• Department of Housing and Urban Development materials: final rule (and guidance), including rule preamble providing overview of AFFH caselaw and process of rule formulation.
• Assessments of Fair Housing by City. Compilation of AFHs and AIs by Justin Steil, Assistant Professor at MIT.
• “Talking about HUD’s Affirmatively Furthering Fair Housing Regulations,” The Opportunity Agenda. Messaging guidance (from the AFFH Rule’s issuance in 2015).
• The Potential Cost to Public Engagement of the AFFH Delay, Furman Center at NYU. Research describing the benefits of the AFH as a template for public participation.
• “Snatching Defeat from the Jaws of Victory: HUD Suspends AFFH Rule that was Delivering Meaningful Civil Rights Progress,” by Justin Steil and Nicholas Kelly. Poverty & Race article summarizing research on how the AFH process produced meaningful goals, in contrast to the past AI process.
• “Reforming HUD’s Regulations to Affirmatively Further Fair Housing,” March 2010 report by The Opportunity Agenda detailing deficiencies of the AI process and calling for reform.
• GAO Report (September 2010) documenting extensive deficiencies of the AI process.

Selected Press Coverage

• Ben Carson’s Drive to Further Segregate Housing Gets A Boost in Court (Intercept, August 2018)
• Civil Rights Groups Sue Ben Carson, HUD for Suspending Anti-Discrimination Fair Housing Rule (Colorlines, May 8, 2018)
• Trump administration sued after it changes rules about housing segregation (Think Progress, May 2018)
• HUD Secretary Ben Carson to be sued for suspending Obama-era fair-housing rule (Washington Post, May 7, 2018)
• Civil Rights Groups Plan to Sue HUD Over Fair Housing Rule (New York Times, May 7, 2018)
• As Fair Housing Act Turns 50, Landmark Law Faces Uncertain Future (Governing magazine, April 2018)
• The Trump Administration Just Derailed a Key Obama Rule on Housing Segregation (CityLab, January 4, 2018)
• As Ben Carson signals fair housing rollback, advocates call on Mayor Kenney to put forward a ‘bigger and bolder vision’ (PlanPhilly, January 25, 2018)