UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
NATIONAL FAIR HOUSING ALLIANCE,
et al.,
Plaintiffs,
v.
BENJAMIN C. CARSON, SR., M.D., in his
official capacity as Secretary of Housing and
Urban Development, et al.,
Defendants.
Civil Action No. 18-1076
Chief Judge Beryl A. Howell
MEMORANDUM OPINION
The three plaintiffs, an alliance of nonprofit organizations dedicated to promoting fair housing opportunities plus two organizations focused on housing opportunities in Texas, previously sought a preliminary injunction and expedited motion for summary judgment to require the defendant, the U.S. Department of Housing and Urban Development (“HUD”), to rescind administrative action taken on May 23, 2018 suspending the use of an “Assessment Tool,” a version of which was first adopted by the agency in December 2015. See Pls.’ Mot. Prelim. Injunc. & Exped. Summ. J., ECF No. 19; see also HUD Notice, Affirmatively Furthering Fair Housing: Withdrawal of the Assessment Tool for Local Governments (“LG2017 Withdrawal Notice”), 83 Fed. Reg. 23,922 (May 23, 2018); HUD Notice, Affirmatively Furthering Fair Housing (AFFH): Responsibility to Conduct Analysis of Impediments (“AI Reliance Notice”), 83 Fed. Reg. 23,927 (May 23, 2018). HUD had taken these steps after concluding, based on operational experience, that the Assessment Tool was unsustainably costly, see LG2017 Withdrawal Notice, 83 Fed. Reg. at 23,925, and ultimately ineffective for its purpose, namely: ensuring HUD grantees were affirmatively furthering fair housing, id. at 23,923–25. In this litigation, HUD both opposed the plaintiffs’ motions, see Defs.’ Opp’n Pls.’ Mot. Summ. J., ECF No. 33, and moved to dismiss the action for lack of subject matter jurisdiction because no plaintiff had standing, see Defs.’ Mot. Dismiss Pls.’ Am. Compl. (“Defs.’ MTD”), ECF No. 38. The Court granted HUD’s motion to dismiss for lack of subject matter jurisdiction and further held that the plaintiffs would not have been entitled to the injunctive relief they sought, even if they had standing. See Nat’l Fair Hous. All. v. Carson (“NFHA”), 330 F. Supp. 3d 14 (D.D.C. 2018).
Now, with a proposed second amended complaint that would add to the first amended complaint 46 new paragraphs and three new sections, respectively titled “How the Consolidated Plan Differs from the Assessment of Fair Housing,” Proposed Second Am. Compl., ¶¶ 79–85, ECF No. 48-1, “The AI Process Under HUD’s Notices,” id. ¶¶ 112–117, and “Significant Provisions of the Rule That Are No Longer in Effect,” id. ¶¶ 118–128, the plaintiffs seek, pursuant to Federal Rules of Civil Procedure 59(e) and 15(a)(2), to set aside the prior decision and restart this litigation. See Pls.’ Mot. Am. J. & Leave Am. Compl. (“Pls.’ Mot.”), ECF No. 48; Pls.’ Mem. Supp. Mot. Am. J. & Leave Am. Compl. (“Pls.’ Mem.”), ECF No. 48. This time around, rather than seeking expedited summary judgment, the plaintiffs want to follow the regular course in an Administrative Procedure Act case by requiring “submission of HUD’s entire administrative record,” Pls.’ Reply Supp. Mot. Am. J. & Leave Am. Compl. (“Pls.’ Reply”) at 6, ECF No. 51, so that the claims may be resolved on “a fuller record,” id. at 1. Thus, the plaintiffs’ motion asks the Court to amend its decision only with respect to whether the plaintiffs have standing, but without challenging the “denial of Plaintiffs’ motion for a preliminary injunction or expedited summary judgment.” See Pls.’ Mem. at 1 n.1. For the reasons set forth below, the plaintiffs’ motion is denied.
