National Fair Housing Alliance, Inc. v. Carson
- Jeffrey White
- 4:20-cv-07388
- U.S. District Court · Northern District of California
- 5
In National Fair Housing Alliance v. Fudge, Judge White stayed the case for 90 days and ordered a July 6 status report.
The plaintiffs challenging the Department of Housing and Urban Development’s 2020 rule and the defendants are affected by the 90-day stay and the required joint status report.
What happened
National Fair Housing Alliance and other plaintiffs challenge a 2020 housing rule issued by the Department of Housing and Urban Development under the Administrative Procedure Act. The parties reported that the rule was already stayed in another court and that the agency was reviewing its discriminatory-effects rules.
The parties jointly asked to extend the stay for 90 days while that review continued. They proposed filing a status report on July 6, 2022.
In National Fair Housing Alliance v. Fudge, Judge Jeffrey White granted the joint request, stayed the case for 90 days, and ordered the parties to file a joint status report on July 6, 2022. The order did not decide the challenge to the housing rule.
The detailed version
- National Fair Housing Alliance, Inc. v. Carson · No. 4:20-cv-07388
- Jeffrey White
- Apr. 5, 2022
Background
The plaintiffs challenge the Department of Housing and Urban Development’s 2020 final rule, titled “HUD’s Implementation of the Fair Housing Act’s Disparate Treatment Standard,” under the Administrative Procedure Act. The opinion states that another federal court stayed the rule’s effective date. The defendants appealed that decision but later moved to voluntarily dismiss the appeal and did not seek to lift the stay while that case continued.
The parties also reported that a January 2021 presidential memorandum directed the Department of Housing and Urban Development to examine the effects of the 2020 rule. The agency later proposed reinstating or recodifying its 2013 discriminatory-effects rule and received more than 10,000 comments, which it was still reviewing.
Request and ruling
Because of the agency’s review, the parties jointly requested that this case remain stayed for 90 days, until July 11, 2022. They proposed filing another joint status report on July 6, 2022.
Judge Jeffrey White granted the joint request. The court stayed the case for 90 days and ordered the parties to file a joint status report on July 6, 2022. The order did not resolve the plaintiffs’ challenge to the 2020 rule.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.