Mass. Fair Hous. Ctr. v. U.S. Dep't of Hous. & Urban Dev.
Decision Date | 25 October 2020 |
Docket Number | Civil Action No. 20-11765-MGM |
Citation | 496 F.Supp.3d 600 |
Parties | MASSACHUSETTS FAIR HOUSING CENTER, and Housing Works, Inc., Plaintiffs, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, and Ben Carson, Department of Housing and Urban Development, Defendants. |
Court | U.S. District Court — District of Massachusetts |
Annie Lee, Mina S. Makarious, Scott P. Lewis, Anderson & Kreiger LLP, Lauren A. Sampson, Oren M. Sellstrom, Lawyers' Committee for Civil Rights and Economic Justice, Boston, MA, for Plaintiffs.
James D. Todd, Jr., Vinita B. Andrapalliyal, United States Department of Justice, Washington, DC, for Defendants.
MEMORANDUM AND ORDER REGARDING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION UNDER 5 U.S.C. § 705 TO POSTPONE THE EFFECTIVE DATE OF HUD'S UNLAWFUL NEW RULE
Presently before the court is a motion, filed by Plaintiffs Massachusetts Fair Housing Center ("MFHC") and Housing Works, Inc., seeking a preliminary injunction and stay of the effective date of a new Department of Housing and Urban Development ("HUD") rule, HUD's Implementation of the Fair Housing Act's Disparate Treatment Standard , 85 Fed. Reg. 60288 (Sept. 24, 2020) ("2020 Rule"), under the Administrative Procedure Act ("APA"), 5 U.S.C. § 705. For the following reasons, the court will grant Plaintiffs’ motion.
HUD has long recognized so-called "disparate impact" liability under the Fair Housing Act. Unlike disparate treatment liability, which requires discriminatory intent, disparate impact liability is based on the discriminatory impact of a policy or practice and the absence of an adequate justification. See Texas Dep't of Hous. & Cmty. Affairs v. Inclusive Communities Project, Inc. , 576 U.S. 519, 524, 135 S.Ct. 2507, 192 L.Ed.2d 514 (2015) ( ). In 2013, HUD issued a rule setting forth its interpretation of the standards for such disparate impact claims under the Fair Housing Act: Implementation of the Fair Housing Act's Discriminatory Effects Standard , 78 Fed. Reg. 11560 (Feb. 15, 2013) ("2013 Rule"). The 2013 Rule, codified at 24 C.F.R. § 100.500, provides a relatively straight-forward burden-shifting framework. Specifically, it states:
24 C.F.R. § 100.500.
In contrast, the 2020 Rule, set to go into effect on October 26, 2020, significantly alters the 2013 Rule's standards. It provides:
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