Inclusive Communities Project v. Department of Treasury, No. 19-10377 (5th Cir. 2019)
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ICP filed suit against Treasury and OCC, alleging claims under Section 3608 of the Fair Housing Act (FHA) and the Fifth Amendment. ICP alleged that defendants failed to regulate the federal Low-Income Housing Tax Credit program so as to promote fair housing. The district court granted summary judgment for defendants on three grounds.
The court held that ICP lacked standing to sue either OCC or Treasury, because ICP could not establish causation or redressability. In this case, neither defendant regulates ICP. Accordingly, the court affirmed the district court's grant of summary judgment as to ICP's claims against OCC and Section 3608 claims against Treasury. Because the district court reached the merits of ICP's Fifth Amendment claim against Treasury, the court vacated the summary judgment and rendered a judgment of dismissal for want of jurisdiction.
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