10/22/2020

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF CONNECTICUT OPEN COMMUNITIES ALLIANCE and
SOUTHCOAST FAIR HOUSING,
Plaintiffs,

-against-

UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, and
BEN CARSON, in his official capacity as United States Secretary of Housing and Urban Development,
Defendants.

Civil No.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

INTRODUCTION

1. This suit challenges a Final Rule recently published by Defendant U.S. Department of Housing and Urban Development (“HUD”) that would eviscerate the federal Fair Housing Act’s (“FHA”) discriminatory effects standard and thereby set the clock back a half century in the fight for fair housing in the United States. Titled “HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard,” the Final Rule (hereinafter, “2020 Final Rule”) would immediately render it virtually impossible for most victims of discrimination to prevail in HUD’s administrative enforcement process when alleging that they have been injured by a policy or practice with an unjustified discriminatory effect. 85 Fed. Reg. 60,288 (Sep. 24, 2020). If given deference by the judiciary, it would also close the courthouse doors to victims of discrimination.

Click to access OCA-v.-HUD-Filed-Complaint.pdf