Filed April 26, 2012
Had HUD known the truth about conditions in Dallas, it would have been prohibited from disbursing funds to Defendants. See 42 U.S.C. ยงยง 3608; 5304(b)(2); 24 C.F.R. ยงยง 91.225(a)(1), 570.
Filed August 9, 2016
MacKenzie filed this suit after HUD entered into the voluntary compliance agreement with the City of Dallas. MacKenzieโs original complaint sought relief under a theory that HUD had failed to carry out a statutorily prescribed mission โaffirmatively to Case 3:15-cv-00752-D Document 89 Filed 08/09/16 Page 9 of 26 PageID 1072 HUD Defendantsโ Motion to Dismiss Plaintiffโs Second Amended Complaint โ Page 5 furtherโ the policies of the Fair Housing Act in its investigation. (See Doc. 3, ยถ 1 (citing 42 U.S.C. ยง 3608(e)(5)).) However, the magistrate judge recommended dismissal of MacKenzieโs claim for lack of jurisdiction, on the ground that the issue of how best โaffirmatively to furtherโ the Fair Housing Actโs policies is committed to agency discretion and thus unreviewable in court. (See Doc. 48 at 3โ5.) MacKenzie then sought leave to amend his complaint, which this Court granted rather than dismiss the case as the magistrate judge had recommended. (Doc. 69.) In the first amended complaint, MacKenzie no longer relied on the Fair Housing Actโs โaffirmatively to furtherโ provision. (See Doc. 70.)
Filed October 31, 2008
Case 1:06-cv-02860-DLC Document 97 Filed 10/31/08 Page 15 of 41 10 Forty years ago, Congress enacted the original AFFH provisions as part of the Fair Housing Act (โFHAโ). 42 U.S.C. ยง 3608(e)(5) requires that HCD programs be conducted โin a manner affirmatively to further the policies of [the FHA].โ13 Congress clearly intended that recipients of HCD funds โact affirmatively to achieve integration in housing,โ Otero v. New York City Housing Authority, 484 F.2d 1122, 1133 (2d Cir. 1973), and โsaw the antidiscrimination policy [embodied in the Fair Housing Act] as the means to effect the antisegregation-integration policy.โ