The Memorandum observes that, although the Congress enacted the Fair Housing Act more than fifty years ago, “access to housing and creation of wealth through homeownership have remained persistently unequal in the United States.” It then affirms the Federal Government’s critical role “in overcoming and redressing this history of discrimination” and that “[t]his goal is consistent with the Fair Housing Act, which imposes on Federal departments and agencies the duty to ‘administer their programs and activities relating to housing and urban development . . . in a manner affirmatively to further fair housing (42 U.S.C. 3608(d)). The Memorandum notes, “[t]his is not only a mandate to refrain from discrimination but a mandate to take actions that undo historic patterns of segregation and other types of discrimination and provide access to long-denied opportunities.”

135 S. Ct. 2507 (2015). 42 USC 3608(a) and 3614a. 78 FR 11460 (Feb. 15, 2013).

iscretion by certifying a class based on claims not pleaded in the complaint." Also, the Fourth and Eleventh Circuits come to different conclusions in two unpublished Title VII decisions about whether the district court erred in dismissing the cases without formally converting the motions to dismiss into motions for summary judgment under Fed. R. Civ. P. 56(c).Anderson v. Jackson, No. 07-31008 (5th Cir. Dec. 30, 2008): The court summarized the factual allegations of the lawsuit --"Following Hurricane Katrina, HANO [the Housing Authority of New Orleans] planned to demolish and redevelop four deteriorated, storm-damaged public housing developments in New Orleans: B.W. Cooper, C.J. Peete, St. Bernard, and Lafitte (collectively known as 'the Big Four'). . . . A group of displaced residents of the Big Four (the 'Residents') filed this lawsuit prior to HUD's approval of the demolition plan, alleging that HANO and HUD's failure to repair and reopen the Big Four violated the Fair Housing Act (42 U.S.C. § 3608) (the "FHA"), the U.S. Housing Act of 1937 (42 U.S.C. § 1437p), the HANO lease agreements, the Louisiana Civil Code, and the Fifth and Fourteenth Amendments of the U.S. Constitution. The Residents' complaint asserted that HANO and HUD's actions constituted race discrimination against displaced African American tenants.