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American Disabled for Attendant Programs Today Disability Rights Action Coalition for Housing Pennsylvania Coalition of Citizens With Disabilities Concrete Change Disabled in Action of Pennsylvania Pennsylvania Council Independent Living National Federation of the Blind Pennsylvania African-Americans With Disabilities American Disabled for Attendant Programs Today of Pennsylvania Chicago American for Disabled for Attendant Programs Today Progress Center Three Rivers Center of Independent Living National Counsel on Independent Living v. United States Department of Housing and Urban Development

Citations: 170 F.3d 381; 1999 U.S. App. LEXIS 3598Docket: 98-1308

Court: Court of Appeals for the Third Circuit; March 4, 1999; Federal Appellate Court

Narrative Opinion Summary

This case involves a lawsuit filed by advocacy organizations, including ADAPT, against the United States Department of Housing and Urban Development (HUD) under the Administrative Procedure Act (APA). The plaintiffs alleged that HUD failed to enforce accessibility requirements under the Fair Housing Act Amendments (FHAA) and Section 504 of the Rehabilitation Act. They claimed HUD did not adequately investigate or act upon known non-compliance in federally funded multi-family housing projects. The District Court dismissed the case, ruling that the claims were barred under sections 701 and 704 of the APA, as they did not demonstrate a final agency action subject to judicial review. The appellate court upheld this decision, emphasizing the presumption of non-reviewability for agency enforcement decisions unless specific statutory guidelines exist. The court noted that the Fair Housing Act provides private rights of action, which are deemed adequate remedies, and highlighted that HUD's discretionary enforcement actions are not subject to judicial scrutiny. Consequently, the court affirmed the district court's dismissal of ADAPT's claims, concluding that the agency's discretion and lack of final agency actions insulated HUD from judicial review under the APA.

Legal Issues Addressed

Agency Discretion and Enforcement Decisions

Application: HUD’s discretion in enforcement actions, including the decision whether to investigate or enforce compliance, is not subject to judicial review due to a lack of statutory guidelines.

Reasoning: The court emphasized that HUD's enforcement decisions are influenced by various factors, including resource allocation and success likelihood, and that, compared to courts, HUD possesses a better understanding of its policies.

Fair Housing Act Amendments and Accessibility Requirements

Application: The court noted the FHAA mandates for accessibility in multi-family housing but found no substantive standard in the statute to challenge HUD's discretion.

Reasoning: The FHAA, amended in 1988, expanded protections against housing discrimination for individuals with disabilities, mandating that all multi-family housing with four or more units, built after March 13, 1991, must be accessible.

Inadequate Pleading of Discrimination Claims

Application: ADAPT's direct discrimination claims against HUD were dismissed due to inadequate pleading, with an opportunity to amend that ADAPT did not pursue.

Reasoning: The court also found that ADAPT's claims of direct discrimination were inadequately pleaded, leading to dismissal of those claims with permission to amend.

Judicial Review Under the Administrative Procedure Act

Application: The court affirmed the district court's ruling that the APA barred judicial review of ADAPT's claims due to lack of final agency action and the presumption of non-reviewability of agency discretion.

Reasoning: The District Court ruled that the APA barred judicial review of ADAPT's claims, stating ADAPT failed to rebut the presumption of unreviewability under section 701 and did not demonstrate an appeal from a final agency action as required by section 704.

Obligations Under Section 504 of the Rehabilitation Act

Application: ADAPT's claims that HUD failed to enforce Section 504 accessibility requirements were dismissed due to the absence of substantive standards for judicial review.

Reasoning: ADAPT contends that HUD failed to enforce these regulations, specifically the requirement that at least 5% of units be accessible to individuals with mobility impairments and 2% to those with hearing and vision impairments.