American Insurance Association v. HUD (D.D.C.)

The plaintiffs, homeowners insurance trade associations, filed a lawsuit on June 26, 2013, alleging HUD violated the Administrative Procedure Act in its February 2013 regulation formalizing that the Fair Housing Act provides for disparate impact liability. On November 7, 2014, the district court denied HUD's motion to dismiss and for summary judgment and granted plaintiffs' motion for summary judgment. On September 23, 2015, the Court of Appeals vacated the district court's decision and remanded for consideration in light of the Supreme Court's decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. On remand, the plaintiffs alleged that HUD violated the APA because the regulation impermissibly interprets the FHA to provide for disparate impact claims against insurance underwriting and pricing practices that exceed the contours of disparate impact claims permitted by Inclusive Communities. HUD’s opening brief, filed August 30, 2016, and its reply brief, filed October 28, 2016, argued that the plaintiffs misread Inclusive Communities and misconstrue the Rule's requirements.