Case: Sanders v. HUD

2:88-cv-01261 | U.S. District Court for the Western District of Pennsylvania

Filed Date: June 3, 1988

Closed Date: Jan. 28, 2005

Clearinghouse coding complete

Case Summary

In 1988, public housing residents and applicants filed this class action lawsuit in the U.S. District Court for the Western District of Pennsylvania against the U.S. Department of Housing and Urban Development (HUD), Allegheny County, the Allegheny County Housing Authority (ACHA), and the Redevelopment Authority of Allegheny County (“RAAC”). The plaintiffs were represented by attorneys from the Neighborhood Legal Services Association of Pittsburgh and the Lawyers Committee for Civil Rights Under Law. They alleged that the defendants had established segregated public housing beginning in the 1940s and had never taken steps to redress that segregation in Allegheny County, Pennsylvania. The plaintiffs further claimed that urban renewal projects, which removed African-Americans from white communities and relocated them by race to segregated private or public housing, exacerbated residential segregation. Moreover, they contended that privately owned federally-assisted housing was developed according to the same patterns of segregation, and that Allegheny County block funds were spent in a manner to reinforce residential segregation. Finally, they contended that various federal and local policies effectively compounded segregation in the private housing market. These practices were alleged violations of the Fifth and Fourteenth Amendments of the U.S. Constitution, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1964 and other federal statutes, regulations and guidelines. The case was assigned to District Judge Gustave Diamond.

On October 15, 1992, the court certified a class of “all black current residents in, or applicants for, public housing assisted by the ACHA and/or HUD, who have been and continue[d] to be denied decent, affordable, and racially integrated public housing opportunities.”

In 1993, HUD admitted liability for failing to affirmatively advance fair housing in the ACHA public housing program, in violation of Title VIII of the Civil Rights Act of 1968. In January 1994, HUD assembled a task force aimed at developing a desegregation plan for Allegheny County.

This plan served as the basis for the parties’ settlement in a consent decree reached in 1994. The objective of the consent decree was to decrease the level of segregation in federally assisted housing programs and the private housing market and increase desegregative housing choices and opportunities for class members and other low income people in Allegheny County. The Initiatives to achieve the goals included: the purchase of scattered site homes to replace demolished public housing units; the establishment of a Fair Housing Services Center to provide mobility counseling for applicants for public and Section 8 housing, including 450 desegregative Section 8 vouchers and 409 vouchers to additionally replace demolished public housing units; modernization and/or re-building of county public housing developments in the Sanders communities to provide equivalent housing conditions and amenities; and the set-aside of 2~ percent of the county's federal Community Development Block Grant (CDBG) funds for seven years to be used to improve the housing and economic conditions in seven target communities. These communities were selected because they contained the highest concentration of African American public housing and Section 8 residents and had experienced the greatest degree of physical decline and disinvestment. HUD was required to report annually on its progress. The decree enjoined each defendant “to implement [its terms] and take all actions necessary to fulfill its obligations.” Moreover, the decree called for the creation of the Sanders Task Force, composed of the plaintiffs and defendants in the case, ACHA residents and non-profit organizations, such as the Fair Housing Services Center, the YMCA of Greater Pittsburgh, Just Harvest, the National Conference on Community and Justice, and Womansplace of Western Pennsylvania. One of the Task Force’s principal responsibilities was the planning and expenditure of nearly $30 million of the CDBG funds.

On December 22, 1994, Judge Diamond entered final approval of the consent decree. 872 F.Supp. 216. As part of the settlement, the court retained jurisdiction for at least seven years and reserved the right to extend jurisdiction if the terms of the decree were not satisfied. The court subsequently extended jurisdiction based on several disputes about fulfillment of the decree’s terms. Specifically, on August 30, 1996, the plaintiffs moved to compel compliance with the consent decree, which Judge Diamond granted on February 5, 1997.

The court granted in part and denied in part the motion for attorneys’ fees and costs by plaintiffs’ counsel on March 14, 2001 for work performed between 1995 and 1998.

During the intervening years, disputes among the parties regarding compliance with the Decree arose, some of which necessitated court intervention. On December 23, 2004, the parties reached a settlement agreement to end the Decree. After hearing no objections, the Court terminated the Decree on January 28, 2005.

Plaintiffs’ counsel subsequently filed a petition for attorneys’ fees and costs incurred from 1999 up to the termination of the decree. The court granted in part and denied in part on September 30, 2005. 2005 WL 2416355. The case is now closed.


2:88-cv-01261 97-03461 99-03598 04-04616 2:96-cv-01453	Docket [PACER]	Dec. 5, 2005	Dec. 5, 2005 Docket
238 2:88-cv-01261	Notice of Filing of Department of Housing and Urban Development's Desegregation Plan for Allegheny County Sanders v. The United States Department of Housing and Urban Development	April 8, 1994	April 8, 1994 Pleading / Motion / Brief
278 2:88-cv-01261	Opinion Sanders v. The United States Department of Housing and Urban Development	Dec. 22, 1994	Dec. 22, 1994 Order/Opinion 872 F.Supp. 216
	Sanders Consent Decree and Task Force: Record of Accomplishments January, 2005 Sanders v. The United States Department of Housing and Urban Development No Court	Jan. 1, 2005	Jan. 1, 2005 Monitor/Expert/Receiver Report
643 2:88-cv-01261	Report on Fee Petition Resolution Sanders v. The United States Department of Housing and Urban Development	July 12, 2005	July 12, 2005 Pleading / Motion / Brief
648 2:88-cv-01261	Opinion Sanders v. The United States Department of Housing and Urban Development	Sept. 30, 2005	Sept. 30, 2005 Order/Opinion 2005 WL 2416355
649 2:88-cv-01261	Order of Court Sanders v. The United States Department of Housing and Urban Development	Sept. 30, 2005	Sept. 30, 2005 Order/Opinion
653 2:88-cv-01261	Memorandum and Order of the Court Sanders v. The United States Department of Housing and Urban Development	Dec. 5, 2005	Dec. 5, 2005 Order/Opinion

Title	Description		External URL Date / External URL
Urban Institute Baseline Assessment of Public Housing Desegregation Cases George Galster et al.	Over several generations, many local public housing authorities have established and perpetuated racially segregated and discriminatory systems for delivering public housing and other housing assista…	2000	Jan. 1, 2000
Sanders v. H.U.D: A Multifaceted Remedy for Housing Segregation Thomas J. Henderson and Stacy E. Seicshnaydre		Aug. 1, 1995	Aug. 1, 1995 https://prrac.org/...

ECF Number	Date	Description	Link
	Nov. 6, 1992	CASE REASSIGNED to Judge Gustave Diamond (admin)
194	Dec. 21, 1992	Status/settlement Conference held 12/18/92 [ Reporter: none ](parties to continue settlement negotiations and be prepared for trial if unsuccessful) (ces) (Entered: 12/23/1992)	RECAP
195	Jan. 13, 1993	MOTION by CHERYL SANDERS, CECILE WHITE, CHERYL ULRICH, MARTHA SURRATT, SARAH WILLIAMS for Protective Order with Proposed Order. (aen) (Entered: 01/13/1993)	RECAP
196	Jan. 14, 1993	MOTION by CHERYL SANDERS, CECILE WHITE, CHERYL ULRICH, MARTHA SURRATT, SARAH WILLIAMS to Extend Time with Proposed Order. (aen) (Entered: 01/14/1993)	RECAP
	Jan. 15, 1993	ORDER upon motion granting [195-1] motion for Protective Order ( signed by Judge Gustave Diamond on 1/14/93 ) CM all parties of record. (aen)
	Jan. 25, 1993	ORDER upon motion, reset Pretrial Order Deadlines: Pretrial Statements for Plaintiffs by 2/11/93 ; Pretrial Statements for Defendants by 4/8/93 ; Pretrial Stipulations 5/7/94 ; ( signed by Judge Gustave Diamond on 1/22/93 ) CM all parties of record. (aen)
197	Jan. 29, 1993	NOTICE of Attorney Appearance for THE ALLEGHENY COUNTY, EXECUTIVE DIRECTOR by John T. McVay Jr. (aen) (Entered: 01/29/1993)	RECAP
198	Feb. 11, 1993	MOTION by CHERYL SANDERS, CECILE WHITE, CHERYL ULRICH, MARTHA SURRATT, SARAH WILLIAMS to Extend Time with Proposed Order. (aen) (Entered: 02/11/1993)	RECAP
	Feb. 18, 1993	ORDER upon motion granting [198-1] motion to Extend Time, reset Pretrial Order Deadlines: Supplemental Pretrial Statements for Plaintiffs by 2/22/93 ;Supplemental Pretrial Statements for Defendants by 4/19/93 ; Pretrial Stipulations 5/18/93 ; ( signed by Judge Gustave Diamond on 2/16/93 ) CM all parties of record. (aen)
199	Feb. 22, 1993	MOTION by CHERYL SANDERS, CECILE WHITE, CHERYL ULRICH, MARTHA SURRATT, SARAH WILLIAMS to Extend Time with Proposed Order. (aen) (Entered: 02/22/1993)	RECAP
	Feb. 23, 1993	ORDER upon motion granting [199-1] motion to Extend Time, reset Pretrial Order Deadlines:Supplemental Pretrial Statements for Plaintiffs due 3/1/93 ;Supplemental Pretrial Statements for Defendants due 4/26/93 ; Pretrial Stipulations due 5/25/93 ; ( signed by Judge Gustave Diamond on 2/23/93 ) CM all parties of record. (aen)
200	March 3, 1993	SUPPLEMENTAL PRETRIAL STATEMENT by CHERYL SANDERS, CECILE WHITE, CHERYL ULRICH, MARTHA SURRATT, SARAH WILLIAMS (aen) (Entered: 03/03/1993)	RECAP
201	March 22, 1993	MOTION by COUNTY OF ALLEGHENY for John T. McVay, Esq to Withdraw as Attorney with Proposed Order. (aen) (Entered: 03/22/1993)	RECAP
202	April 16, 1993	NOTICE of Attorney Appearance for COUNTY OF ALLEGHENY by Bryon D. Xides, George E. Diamantopulos (aen) (Entered: 04/16/1993)	RECAP
	April 21, 1993	ORDER upon motion granting [201-1] motion for John T. McVay, Esq to Withdraw as Attorney (Terminated attorney John T. McVay for THE ALLEGHENY COUNTY ( signed by Judge Gustave Diamond on 4/21/93 ) CM all parties of record. (aen)
203	April 23, 1993	MOTION by THE UNITED STATES DE, SECRETARY, THE UNITE to Extend Time to file Pre Trial Submission and Request for status conf. with Proposed Order. (aen) (Entered: 04/23/1993)	RECAP
204	April 23, 1993	BRIEF by THE UNITED STATES DE, SECRETARY, THE UNITE in support of [203-1] motion to Extend Time to file Pre Trial Submission and Request for status conf. by SECRETARY, THE UNITE, THE UNITED STATES DE (aen) (Entered: 04/23/1993)	RECAP
205	April 26, 1993	RESPONSE by CHERYL SANDERS, CECILE WHITE, CHERYL ULRICH, MARTHA SURRATT, SARAH WILLIAMS to [203-1] motion to Extend Time to file Pre Trial Submission and Request for status conf. by SECRETARY, THE UNITE, THE UNITED STATES DE (aen) (Entered: 04/26/1993)	RECAP
206	April 28, 1993	ORDER granting in part, denying in part [203-1] motion to Extend Time to file Pre Trial Submission and Request for status conf. ( signed by Judge Gustave Diamond on 4/27/93 ) CM all parties of record. (aen) (Entered: 04/28/1993)	RECAP
	April 29, 1993	PROPOSED ORDER by the Pltfs, Received. (aen)
207	June 10, 1993	MOTION by THE UNITED STATES DE, THE ALLEGHENY COUNTY, COUNTY OF ALLEGHENY to Extend Time with Proposed Order. (aen) (Entered: 06/10/1993)	RECAP
208	June 17, 1993	ORDER granting [207-1] motion to Extend Time, Supplemental Pretrial Statements for Defendants due 6/30/93 ;, The parties shall engage in settlement negotiations from 7/1/93 to 8/1/93. If negotiations have not proven successful by the conclusion of said time period, the parties shall file a joint progress report containing the basis for any further extension of said time period sought by the parties All parties will complete expert discovery and file a joint stipulation of fact, Stipulation Deadline 8/31/93 ; it is further ordered that all currently outstanding motions (135,141,143,145,and 147) and the same are denied without prejudice to their later renewal, in identical form, in the event the matter is not resolved within the above time period. ( signed by Judge Gustave Diamond on 6/16/93 ) CM all parties of record. (femp) (Entered: 06/17/1993)	RECAP
209	June 30, 1993	SUPPLEMENTAL PRETRIAL STATEMENT by COUNTY OF ALLEGHENY (aen) (Entered: 06/30/1993)	RECAP
210	June 30, 1993	SUPPLEMENTAL PRETRIAL STATEMENT by THE REDEVELOPMENT (aen) (Entered: 06/30/1993)	RECAP
211	June 30, 1993	PRETRIAL STATEMENT by THE UNITED STATES DE, SECRETARY, THE UNITE (aen) (Entered: 06/30/1993)	RECAP
212	June 30, 1993	SUPPLEMENTAL PRETRIAL STATEMENT of Deft. Allegheny County hhousing Authority. (aen) (Entered: 06/30/1993)	RECAP
213	Aug. 5, 1993	MOTION by THE UNITED STATES DE, SECRETARY, THE UNITE in Limine with Proposed Order. (aen) (Entered: 08/05/1993)	RECAP
214	Aug. 5, 1993	BRIEF by THE UNITED STATES DE, SECRETARY, THE UNITE in support of [213-1] motion in Limine by SECRETARY, THE UNITE, THE UNITED STATES DE (aen) (Entered: 08/05/1993)	RECAP
215	Aug. 5, 1993	MOTION by THE UNITED STATES DE, SECRETARY, THE UNITE to Renew their motion for Summary Judgment with Proposed Order. (aen) (Entered: 08/05/1993)	RECAP
216	Aug. 5, 1993	FEDERAL DEFTS Report to the Court on settlement Discussions. (aen) (Entered: 08/05/1993)	RECAP
217	Aug. 13, 1993	RESPONSE by CHERYL SANDERS, CECILE WHITE, CHERYL ULRICH, MARTHA SURRATT, SARAH WILLIAMS to [215-1] motion Summary Judgment by SECRETARY, THE UNITE, THE UNITED STATES DE (aen) (Entered: 08/13/1993)	RECAP
218	Aug. 13, 1993	MOTION by CHERYL SANDERS, CECILE WHITE, CHERYL ULRICH, MARTHA SURRATT, SARAH WILLIAMS to Extend Time of Stay, and for Status Conference and Pltfs Report on Progress of settlement discusions. with Proposed Order. (aen) (Entered: 08/13/1993)	RECAP
219	Aug. 16, 1993	RESPONSE by THE ALLEGHENY COUNTY to [215-1] motion Summary Judgment by SECRETARY, THE UNITE, THE UNITED STATES DE (aen) (Entered: 08/17/1993)	RECAP
220	Aug. 16, 1993	RESPONSE by THE ALLEGHENY COUNTY to [218-1] motion to Extend Time of Stay by SARAH WILLIAMS, MARTHA SURRATT, CHERYL ULRICH, CECILE WHITE, CHERYL SANDERS, [203-1] motion to Extend Time to file Pre Trial Submission and Request for status conf. and Report on Settlement Discussions by SECRETARY, THE UNITE, THE UNITED STATES DE (aen) (Entered: 08/17/1993)	RECAP
221	Aug. 16, 1993	MOTION by THE ALLEGHENY COUNTY for Joinder of Federal Defts Motion to Strike Exhibits (aen) (Entered: 08/17/1993)	RECAP
	Aug. 16, 1993	ORDER upon motion granting [215-1] motionto Renew their motion for Summary Judgment and the Federal Defts motion for Summary Judgment Doc 135 is Reinstated and ready for Resolution. ( signed by Judge Gustave Diamond on 8/13/93 ) CM all parties of record. (aen)
222	Aug. 17, 1993	RESPONSE by THE UNITED STATES DE, SECRETARY, THE UNITE to Pltfs Motion for Enlargement of Stay W/Proposed Order. (aen) (Entered: 08/17/1993)	RECAP
223	Aug. 20, 1993	RESPONSE by CHERYL SANDERS, CECILE WHITE, CHERYL ULRICH, MARTHA SURRATT, SARAH WILLIAMS in opposition to [213-1] motion in Limine by SECRETARY, THE UNITE, THE UNITED STATES DE (aen) (Entered: 08/20/1993)	RECAP
224	Aug. 31, 1993	REPLY BRIEF by THE UNITED STATES DE, SECRETARY, THE UNITE in Suport of Federal Defts First motion in Limine to Strike Certain of Pltfs Exhibits and Witnesses. (aen) (Entered: 08/31/1993)	RECAP
225	Nov. 17, 1993	ORDER, set Status/ Settlement Conference for 10:30 12/10/93 ( signed by Judge Gustave Diamond on 11/16/93 ) CM all parties of record. (aen) (Entered: 11/17/1993)	RECAP

Case: Sanders v. HUD

2:88-cv-01261 | U.S. District Court for the Western District of Pennsylvania

Case Summary

People

Documents in the Clearinghouse

Resources

Docket

Case Details