Judge Denise Cote
Based on plaintiff county's unsatisfactory certification of compliance with its duty to affirmatively further fair housing (AFFH), the Department of Housing and Urban Development (HUD) withheld $7.4 million in certain community planning and development grant funds for fiscal year 2011. In a July 13, 2011, letter, HUD pointed to the county's failure to address deficiencies in promoting "source-of-income legislation or plans to overcome exclusionary zoning practices." On April 16, 2013, HUD rejected the county's arguments that it met HUD requirements, and denied it a hearing. District court dismissed the county's application, under the Administrative Procedure Act (APA), to review HUD's decision. The APA excludes from judicial review final agency actions "committed to agency discretion by law." Title 42 USC §5304(b)(2) commits certification decisions—like HUD's April 16 decision—to agency discretion. Section 5304 provided no basis by which the court could assess HUD's decision that the county did not show it will AFFH. The statute's failure to specify the "standard against which to judge" HUD's April 16 decision thus excludes it from judicial review.