1 BRIAN D. NETTER JOHN P. RELMAN, pro hac vice 2 Deputy Assistant Attorney General REED COLFAX, pro hac vice GLENN SCHLACTUS Bar No. 208414 3 LESLEY FARBY STEPHEN HAYES, pro hac vice Assistant Branch Director SARA PRATT, pro hac vice 4 VINITA B. ANDRAPALLIYAL ZACHARY BEST, pro hac vice 5 JAMES D. TODD, JR. RELMAN COLFAX PLLC Trial Attorneys 1225 19th St. NW, Suite 600 6 United States Department of Justice Washington, D.C. 20036 Civil Division, Federal Programs Branch Telephone: (202) 728-1888 7 P.O. Box 868 Fax: (202) 728-0848 Washington, DC 20530 8 Tel: (202) 305-0845 [email protected] Fax: (202) 616-8470 9 E-mail: [email protected] Attorneys for all Plaintiffs 10 Attorneys for Defendants 11 SAMUEL SPITAL, pro hac vice JULIA HOWARD-GIBBON Bar No. 321789 NAACP LEGAL DEFENSE & FAIR HOUSING ADVOCATES OF 12 EDUCATIONAL FUND, INC. NORTHERN CALIFORNIA 13 ALLISON M. ZIEVE, pro hac vice Attorney for Plaintiff Fair Housing Advocates of 14 PUBLIC CITIZEN LITIGATION GROUP Northern California 15 Attorneys for all Plaintiffs 16 MORGAN WILLIAMS, pro hac vice NATIONAL FAIR HOUSING 17 ALLIANCE 18 Attorney for Plaintiff NFHA 19 20 UNITED STATES DISTRICT COURT 21 NORTHERN DISTRICT OF CALIFORNIA 22 SAN FRANCISCO DIVISION 23 NATIONAL FAIR HOUSING ALLIANCE, et ) Case No. 4:20-cv-07388-JSW al., ) ORDER GRANTING 24 ) JOINT STATUS REPORT AND 25 Plaintiffs, ) ) REQUEST TO CONTINUE STAY 26 v. ) ) 27 MARCIA L. FUDGE, et al., ) ) Defendants. ) 1 In accordance with this Court’s January 7, 2022, Order, ECF No. 74, the parties through their 2 undersigned counsel of record file this status report and state the following: 3 1. In this lawsuit, Plaintiffs challenge Defendants’ issuance of a final rule, HUD’s 4 Implementation of the Fair Housing Act’s Disparate Treatment Standard,

60288 (Sept. 24, 2020) (“2020 Rule”), under the Administrative Procedure Act, 5 U.S.C. 6 §§ 701 et seq. See Compl., ECF No. 1. 7 2. On October 25, 2020, the United States District Court for the District of Massachusetts 8 stayed the effective date of the 2020 Rule. Mass. Fair Hous. Ctr. v. United States Dep’t of 9 Hous. & Urban Dev., No. CV 20-11765-MGM,

(D. Mass. Oct. 25, 2020). 10 On December 23, 2020, the Defendants filed a Notice of Appeal of that decision; however, 11 on February 9, 2021, Defendants filed a motion to voluntarily dismiss their appeal and do not 12 seek to lift the stay in the Massachusetts court during the pendency of that case. 13 3. On January 26, 2021, President Biden issued a Presidential Memorandum that instructed that 14 HUD 15 shall also, as soon as practicable, take all steps necessary to examine the effects of the September 24, 2020, rule entitled “HUD’s Implementation of the Fair 16 Housing Act’s Disparate Impact Standard” (codified at part 100 of title 24, Code of Federal Regulations), including the effect that amending the February 15, 2013, 17 rule entitled “Implementation of the Fair Housing Act’s Discriminatory Effects Standard” has had on HUD’s statutory duty to ensure compliance with the Fair 18 Housing Act. Based on that examination, the Secretary shall take any necessary steps, as appropriate and consistent with applicable law, to implement the Fair 19 Housing Act’s requirements that HUD administer its programs in a manner that affirmatively furthers fair housing and HUD’s overall duty to administer the Act 20 (42 U.S.C. 3608(a)) including by preventing practices with an unjustified discriminatory effect. 21 Redressing Our Nation’s and the Federal Government’s History of Discriminatory Housing 22 Practices and Policies,

(published Jan. 29, 2021). 23 4. In accordance with to the President’s directive, HUD began actively examining the 24 discriminatory effects rules. 25 5. On June 25, 2021, HUD published a Notice of Proposed Rulemaking proposing to recodify 26 the 2013 Discriminatory Effects Rule and soliciting comments. HUD, Reinstatement of 27 HUD’s Discriminatory Effects Standard,

(Jun. 25, 2021). HUD 1 announced a 60-day comment period,

which concluded on August 24, 2021. The agency 2 is still in the process of reviewing the more than 10,000 comments received. 3 6. In light of HUD’s action with respect to the rule at issue in this case and to allow for the 4 continuation of the inter-agency review process, the parties respectfully request a 5 continuation of the stay in this case for 90 days, until July 11, 2022. The parties propose to 6 file another status report on July 6, 2022, updating the Court on the status of the proposed 7 rule and proposing any next steps as appropriate. 8 9 Dated: April 4, 2022 Respectfully submitted, 10 BRIAN D. NETTER Deputy Assistant Attorney General 11 LESLEY FARBY 12 Assistant Branch Director

13 /s/ Vinita B. Andrapalliyal VINITA B. ANDRAPALLIYAL 14 JAMES D. TODD, JR. Trial Attorneys 15 United States Department of Justice Civil Division, Federal Programs Branch 16 P.O. Box 868 Washington, DC 20530 17 Tel: (202) 305-0845 Fax: (202) 616-8470 18 E-mail: [email protected]

19 Attorneys for Defendants

20 /s/ John P. Relman JOHN P. RELMAN, pro hac vice 21 REED COLFAX, pro hac vice GLENN SCHLACTUS Bar No. 208414 22 STEPHEN HAYES, pro hac vice 23 SARA PRATT, pro hac vice ZACHARY BEST, pro hac vice 24 RELMAN COLFAX PLLC 1225 19th St. NW, Suite 600 25 Washington, D.C. 20036 26 Telephone: (202) 728-1888 Fax: (202) 728-0848 27 [email protected] [email protected] 1 [email protected] [email protected] 2 [email protected]

3 Attorneys for all Plaintiffs 4 SAMUEL SPITAL, pro hac vice 5 NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC. 6 40 Rector Street 5th Floor 7 New York, NY 10006 8 (202) 682-1300 [email protected] 9 Attorneys for all Plaintiffs 10 ALLISON M. ZIEVE, pro hac vice 11 PUBLIC CITIZEN LITIGATION GROUP 12 1600 20th St. NW Washington, DC 20009 13 (202) 588-1000

14 Attorney for all Plaintiffs

15 MORGAN WILLIAMS, pro hac vice 16 NATIONAL FAIR HOUSING ALLIANCE 17 1331 Pennsylvania Ave., NW, Suite 610 Washington, D.C. 20004 18 Telephone: (202) 898-1661 19 [email protected]

20 Attorney for Plaintiff National Fair Housing Alliance 21 JULIA HOWARD-GIBBON Bar No. 321789 22 FAIR HOUSING ADVOCATES OF 23 NORTHERN CALIFORNIA 1314 Lincoln Ave., Suite A 24 San Rafael, CA 94901 (415) 483-7516 25 [email protected]

26 Attorney for Plaintiff Fair Housing Advocates of 27 Northern California 1 2 PPROPOSED-LORDER 3 PURSUANT TO THE PARTIES’ JOINT REQUEST, and for good cause shown, this case is 4 || stayed for 90 days. The parties are ORDERED to file a joint status report on July 6, 2022. 5 IT IS SO ORDERED. 6 7 Dated: April 5, 2022 ghee J WHITE 8 ITED STATES DISTRICT JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28