Full opinion text
MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. Plaintiff NBC-USA Housing, Inc., Twenty-Six (“NBC”) filed the above-captioned action against Defendants Shaun Donovan, as Secretary (“Secretary”) of the Department of Housing and Urban Development (“HUD”), Jim Hotard Properties, LLC (“Hotard”), and Roy S. Lilley in his capacity as a HUD foreclosure commissioner (“Lilley”) for declaratory and in-junctive relief relating to Defendants’ actions in foreclosing on a property owned by NBC called “Fortner Manor.” In its four-count Complaint, NBC contends that Defendants failed to comply with HUD regulations in refusing to delay or withdraw foreclosure, denied NBC notice and an opportunity to be heard regarding the foreclosure, and otherwise acted arbitrarily and capriciously in deciding to foreclose. On September 27, 2010, the Court granted Defendant Hotard’s motion to dismiss for lack of personal jurisdiction and dismissed Hotard from this action. See [35] Order, 741 F.Supp.2d 55 (D.D.C.2010). The Secretary and Lilley (collectively, “Federal Defendants”) have filed a [21] Motion to Dismiss the Complaint, or, Alternatively for Summary Judgment in which they seek to dismiss Lilley as a defendant for lack of personal jurisdiction and seek dismissal or summary judgment as to all of NBC’s claims. NBC has filed an opposition, in which it requests jurisdictional discovery, and Federal Defendants have filed a reply. The motion is therefore ripe for adjudication. Although Federal Defendants move only in the alternative for summary judgment on the merits of NBC’s claims, the Court finds that, except for two narrow claims discussed below, the parties have presented materials outside the pleadings for the Court’s consideration. Therefore, the Court shall treat Federal Defendants’ motion primarily as one for summary judgment. For the reasons set forth below, the Court shall (1) deny NBC’s construed motion for jurisdictional discovery; (2) grant Federal Defendants’ motion to dismiss Lil-ley as a defendant for lack of personal jurisdiction; (3) grant the Secretary’s motion to dismiss with respect to NBC’s claims that HUD discriminated against it by foreclosing on Fortner Manor at the request of non-minority organizations and by singling NBC out for foreclosure; and (4) grant the Secretary’s alternative motion for summary judgment with respect to NBC’s remaining claims. I. BACKGROUND A. Statutory and Regulatory Background Section 811 of the Cranston-Gonzalez National Affordable Housing Act (“Section 811”), 42 U.S.C. § 8013, authorizes the Secretary “to provide assistance to private, nonprofit organizations to expand the supply of supportive housing for persons with disabilities.” Id. § 8013(b)(2). HUD provides this assistance in the form of capital advances and project rental assistance contracts. Id. § 8013(b)(2)(A)-(B). Capital advances are non-interest-bearing and do not need to be repaid “so long as the housing remains available for very-low-income persons!] with disabilities” in accordance with Section 811. Id. § 8013(d)(1). Repayment of a capital advance does not extinguish a recipient’s obligation to maintain the housing in accordance with Section 811. 24 C.F.R. § 891.170(a). Project rental assistance contracts, in comparison, “obligate the Secretary to make monthly payments to cover any part of the costs attributed to units occupied ... by very low-income persons with disabilities that is not met from project income....” 42 U.S.C. § 8013(d)(2). In exchange for the capital advances and project rental assistance contracts, nonprofit organizations must operate the housing in compliance with Section 811 for at least forty years. See id. § 8013(e)(1). HUD regulations require Section 811 housing to, inter alia, “be decent, safe, sanitary and in good repair,” including the housing site, building exterior, building systems, dwelling units, and common areas. 24 C.F.R. § 5.703. In addition, “[t]o ensure its interest in the capital advance, HUD shall require a note and mortgage, use agreement, capital advance agreement and regulatory agreement from the Owner....” Id. § 891.170(a). “[U]pon the breach of a covenant or condition in the mortgage agreement” between HUD and a Section 811 recipient, the Secretary may foreclose on the Section 811 housing in accordance with the Multifamily Mortgage Foreclosure Act of 1981 (“MMFA”), 12 U.S.C. §§ 3701-17. See 12 U.S.C. § 3705. The MMFA “create[s] a uniform Federal foreclosure remedy for multifamily mortgages.” Id. § 3701. Pursuant to the MMFA, the Secretary is authorized to designate a “foreclosure commissioner,” who “shall be a person who is responsible, financially sound and competent to conduct the foreclosure” and, “if a natural person, shall be a resident of the State in which the security property is located.” Id. § 3704. If a mortgage agreement is breached, “the Secretary may request the foreclosure commissioner to commence foreclosure of the mortgage.” Id. § 3707(a). However, either “before or after the designation of the foreclosure commissioner but before service of the notice of default and foreclosure,” the Secretary must provide the mortgagor “an opportunity informally to present reasons why the mortgage should not be foreclosed.” 24 C.F.R. § 27.5. After such an opportunity, the foreclosure commissioner may commence foreclosure through the sexwice of notice of default and foreclosure sale. 12 U.S.C. § 3707; see also id. § 3706 (detailing information included in a notice of default and foreclosure sale). At least twenty-one days prior to the foreclosure sale, the notice of default and foreclosure sale must be sent by certified or registered mail to: (1) “the current security property owner of record;” and (2) “the original mortgagor and all subsequent mortgagors of record or other persons who appear of record or in the mortgage agreement to be liable for part or all of the mortgage debt.” Id. § 3708(1)(A)-(B). These notices are “mailed to the owner or mortgagor at the address stated in the mortgage agreement, or, if none, to the address of the security property, or, at the discretion of the foreclosure commissioner, to any other address believed to be that of such owner or mortgagor.” Id. § 3708(1). The foreclosure commissioner can withdraw a property from foreclosure and cancel the foreclosure sale in only three situations. See id. § 3709(a). First, if the Secretary directs the foreclosure commissioner to cancel the sale. Id. § 3709(a)(1). Second, if the foreclosure “commissioner finds, upon application of the mortgagor at least three days prior to the date of sale, that the default or defaults upon which the foreclosure is based did not exist at the time of service of the notice of default and foreclosure sale.” Id. § 3709(a)(2). Or finally, if, inter alia, the mortgagor tenders the entire amount due in the event of a monetary default or, in the case of a non-monetary default, the foreclosure commissioner finds, upon application of the mortgagor, that the default is cured. See id. § 3709(a)(3). B. Factual Background 1. NBC’s Purchase of Fortner Manor and Agreements with HUD NBC is a non-profit religious organization that, inter alia, provides affordable housing to the disabled and elderly. Compl. ¶ 1. On September 1, 1999, NBC purchased the property currently located at 2217 Lapeyrouse Street, New Orleans, Louisiana, for approximately $100,000. Id. ¶ 6. At this site, NBC planned to build Fortner Manor Apartments (“Fortner Manor”) in order to provide affordable rental housing for the elderly and disabled. Id. ¶ 7. To finance the construction of Fortner Manor, NBC, through its president Reverend Zebadee Bridges and secretary Reverend Willie Gable, entered into three agreements with HUD on September 29, 1999. See id. ¶¶ 9-10; Def.’s Stmt. ¶¶ 16, 20, 24. Those agreements include: (1) a mortgage agreement and note (“Mortgage Agreement”), Compl., Ex. A; Administrative Record (“AR”) at 7-12; (2) a use agreement (“Use Agreement”), Compl., Ex. B; AR at 20-23; and (3) a regulatory agreement (“Regulatory Agreement”), AR at 13-19. Subsequently, on September 10, 2001, NBC’s new president, Reverend Charles W. Noble, executed NBC’s project rental assistance contract (“PRAC”) with HUD. Defs.’ Stmt. ¶¶ 31, 36. The relevant portions of the Mortgage Agreement, Regulatory Agreement, and PRAC — the agreements at issue in the pending motions — are set forth below, a.The Mortgage Agreement The Mortgage Agreement provides that in exchange for HUD’s capital advance of $1,535,700.00, NBC grants the Secretary a security interest in Fortner Manor. Defs.’ Stmt. ¶ 16; AR at 7-12. The Agreement also incorporates the Regulatory Agreement’s provisions and provides that upon default of the Regulatory Agreement, the Secretary “may declare the whole indebtedness secured to be due and payable.” Defs.’ Stmt. ¶ 17; AR at 7. In the Agreement, NBC promises to keep Fortner Manor “in good repair, and not to do, or permit to be done, upon said premises, anything that may impair the value thereof’ Defs.’ Stmt. ¶ 18; AR at 8. The Agreement further provides that “in case of a breach of any [] covenant,” the entire principal — $1,535,700.00—shall become due at the Secretary’s election, and the Secretary “shall have the right immediately to foreclose this Mortgage.” Defs.’ Stmt. ¶ 19; AR at 9. b.The Regulatory Agreement The Regulatory Agreement provides that “[t]he Note and Mortgage bear no interest and repayment is not required so long as the housing remains available for ... very low-income persons with disabilities .... ” Defs.’ Stmt. ¶ 25; AR at 13. The Agreement provides that NBC “shall maintain the mortgaged premises, accommodations and grounds and equipment appurtenant thereto, in good and substantial repair and condition....” Defs.’ Stmt. ¶ 26; AR at 14. Paragraph 15 states that: Upon a violation of any of the above provisions of this Agreement by Mortgagor, HUD may give written notice, thereof, to Mortgagor, by registered or certified mail, addressed to the address stated in this Agreement, or such other address as may subsequently, upon written notice thereof to HUD, be designated by the Mortgagor as its legal business address. Defs.’ Stmt. ¶ 28; AR at 16. In addition, “[i]f such violation is not corrected to the satisfaction of HUD within 30 days after the date such notice is mailed or within such further time as HUD determines is necessary to correct the violation, without further notice HUD may declare a Default under this Agreement....” Defs.’ Stmt. ¶ 28; AR at 16. Finally, the Regulatory Agreement incorporates by reference the PRAC and provides that a violation of the PRAC “may be construed to constitute a default hereunder in the sole discretion of HUD.” Defs.’ Stmt. ¶¶ 29-30; AR at 16. c.The PRAC The purpose of the PRAC “is to provide project rental assistance payments on behalf of Eligible Families leasing decent, safe and sanitary units from the Owner.” Defs.’ Stmt. ¶ 32; AR at 24. In paragraph 2.5(a), NBC agrees “to maintain and operate the Contract Units and related facilities to provide decent, safe, and sanitary housing....” Defs.’ Stmt. ¶ 38; AR at 29. “If HUD notifies the Owner that it has failed to maintain a dwelling unit in decent, safe, and sanitary condition and the Owner fails to take corrective action within the time prescribed in the notice, HUD may exercise any of its rights or remedies under [the PRAC]....” Defs.’ Stmt. ¶42; AR at 29. Paragraph 2.13 provides that: If the Project is located in an area that has been identified by the Director of the Federal Emergency Management Agency [“FEMA”] as an area having special flood hazards and if the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, the Owner agrees that it will obtain coverage of the Project, during its anticipated economic or useful life, by flood insurance in an amount at least equal to its development or project costs (less estimated land costs) or to the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1986, whichever is less. Defs.’ Stmt. ¶ 40; AR at 32. A default of the PRAC occurs when NBC: (1) violates or fails to comply with the PRAC, “including failure to correct any deficiencies identified by HUD in connection with any annual or other inspection;” (2) “assert[s] or demonstrate^] an intention not to perform some or all of its obligations under” the PRAC; or (3) violates or fails to comply with Section 811, the Mortgage Agreement, or the Regulatory Agreement. Defs.’ Stmt. ¶ 43; AR at 33. Once HUD determines that a default has occurred, the PRAC provides that NBC shall be notified of the nature of the default; the actions and remedies required to cure default; and the time in which it has to cure default. Defs.’ Stmt. ¶ 44; AR at 33. 2. Hurricane Katrina, Fortner Manor’s Damages, and NBC’s Repair and Funding Plans In August 2005, Hurricane Katrina struck New Orleans and caused extensive damage to Fortner Manor, rendering the complex uninhabitable. Compl. ¶¶ 13, 19. All of Fortner Manor’s residents were evacuated during the hurricane and none were injured. Id. ¶ 18. Since Hurricane Katrina, and at least until the parties’ briefing on the pending motions, Fortner Manor has remained vacant, uninhabitable, and inoperable. Defs.’ Stmt. ¶ 47. Although the parties disagree as to what occurred with respect to Fortner Manor in the immediate aftermath of Hurricane Katrina, they agree that on April 28, 2006, NBC and HUD representatives met at HUD’s Forth Worth, Texas office. Defs.’ Stmt. ¶ 51. The parties also agree that on August 1, 2006, HUD authorized the payment of $15,000 from Fortner Manor’s reserve fun & to pay for, inter alia, packing and storing of all salvageable items from Fortner Manor, removal of all refrigerators, and gutting and cleaning of the entire first floor and four additional units on the second and third floors. Defs.’ Stmt. ¶ 52; AR at 35-38 (Letter from Ann C. Kizzier, Dir., La. Multifamily Program Cntr., to Kodozo Agbenyah, Taliafaro, Inc. (Aug. 1, 2006)). On August 31, 2006, HUD representatives and Reverend Gable met at HUD’s New Orleans office. Defs.’ Stmt. ¶ 55. During this meeting, the parties discussed the fact that Fortner Manor was not covered by flood insurance, and that NBC was seeking financing to repair Fortner Manor because it currently lacked the funds to do so. Id. After Hurricane Katrina, HUD requested that owners and managers of properties that were affected by the hurricane provide HUD with plans for how their properties could be restored and therefore regain compliance with applicable regulations and agreements. See Defs.’ Reply, Decl. of Anita Hamm (“Hamm Deck”) ¶ 8. On October 16, 2006, HUD’s New Orleans office received a letter from KBK Enterprises (“KBK”), a developer hired by NBC to rebuild Fortner Manor, requesting that HUD remove Fortner Manor’s PRAC and allow NBC to refinance Fortner Manor in order to facilitate its restoration. Defs.’ Stmt. ¶56; AR at 40-41 (Letter from Keith Key, President & CEO, KBK, to Art Wells, Production Branch Chief, New Orleans Field Office, HUD (Sept. 27, 2006)). HUD responded to KBK’s request on November 1, 2006, informing KBK that its New Orleans field office was not authorized to remove the PRAC and that, pursuant to 24 C.F.R. § 891.170, repayment of NBC’s capital advance would not extinguish NBC’s obligation to maintain Fort-ner Manor as Section 811 housing. Defs.’ Stmt. ¶ 57; AR at 42 (Letter from Cherlyn Wheeler, Asset Mgmt. Branch Chief, New Orleans Field Office, HUD, to Keith Key, President & CEO, KBK (Nov. 1, 2006)). KBK once again contacted HUD’s New Orleans office on February 16, 2007, this time with NBC’s “official proposal” to redevelop Fortner Manor. AR at 44 (Letter from Keith Key, President & CEO, KBK, to Anita Hamm, Project Manager, New Orleans Field Office, HUD (Feb. 26, 2007)). In this proposal, KBK informed HUD that Fortner Manor’s estimated cost of repair would be $500,000 and detailed NBC’s efforts to obtain funding to meet this cost. Id. KBK also requested HUD’s “approval to use the remainder of the reserve fund to complete specific predevelopment efforts,” and requested a twelvemonth forbearance on Fortner Manor so it could have time to make Fortner Manor operational. Id. at 44-45; Defs.’ Stmt. ¶ 61. HUD responded on April 26, 2007, noting its frustration that Fortner Manor’s restoration had not progressed: “Because a substantial amount of time has elapsed, our expectation was that by April 1st of this year, sufficient progress would have been made toward the redevelopment of these properties to warrant a meeting and discussion with HUD.” Defs.’ Stmt. ¶ 61; AR at 46 (Letter from Cherlyn Wheeler, Asset Mgmt. Branch Chief, La. Multifamily Program Ctr., HUD, to Keith Key, President & CEO, KBK (Apr. 26, 2007)). HUD then informed KBK that it must provide the following documents and information to HUD by May 15, 2007: (1) cost estimates from insurance companies or general contractors detailing Fortner Manor’s repair costs; (2) architectural and engineering reports; (3) documentation supporting NBC’s applications for HOME funds, FEMA funds, and a loan from the U.S. Small Business Administration (“SBA”); (4) documentation regarding other donated funds and other efforts to obtain funds; and (5) a separate request for use of reserve funds detailing the amount in the account and a description of the work to be done. Defs. Stmt. ¶ 61; AR at 46-47. HUD then denied KBK’s requests to access the balance of Fortner Manor’s reserve fund because KBK’s request did not satisfy the criterion for the use of such funds. AR at 47. Finally, HUD denied KBK’s request for a twelve-month forbearance but granted NBC a three-month forbearance — the maximum forbearance HUD could grant at one time. See id. On May 21, 2007, HUD officials met with Reverend Frank Centrallo, an NBC representative, in order for Reverend Cen-trallo “to provide [HUD] an update of the status of a reorganization plan to revitalize” NBC’s Fortner and Raphael Manors. Defs.’ Stmt. ¶ 63; Pl.’s Opp’n, Decl. of Reverend Centrallo (“Centrallo Deck”) ¶ 5. During the May 21, 2007 meeting, Reverend Centrallo provided HUD with a copy of KBK’s May 21, 2007 “HUD Redevelopment Status Report” (hereinafter, “KBK Plan”). Centrallo Deck ¶ 5; id., Ex. A (KBK Plan). The KBK Plan is KBK’s response to HUD’s “request for supporting documentation and status update” regarding Fortner and Raphael Manors. Centrallo Deck, Ex. A (KBK Plan) at 5. In regard to Fortner Manor, the KBK Plan notes that “the limitations placed on the Fortner property due to the PRAC requirements have surely left us with no real options for realistic rehabilitation of this property through financing options.” Id. Nonetheless, the KBK Plan “details [ ] the funding efforts pursued thus far for Fort-ner Manor ... and our final recommendation to solve th[e] dilemma” of redeveloping Fortner Manor. Id. Additionally, KBK “hope[d] that [HUD’s] review of the supporting documentation will provide proof of the exhausted efforts taken to secure any and all possible funding” and that the KBK Plan “will provide [HUD] information necessary to consider [KBK’s] final recommendation to preserve these units.” Id. at 6. This supporting documentation includes an accounting of Fortner Manor’s sources of income, including its reserve fund and pending FEMA funds. Id. at 19 (Fortner Manor Sources and Use Table (as of May 21, 2007)). In addition, the KBK Plan lists six different construction cost estimates for Fortner Manor, id. at 31, and purports to include the documentation submitted by various contractors to support these estimates, see id. at 31-51. Finally, the KBK Plan provides documentation regarding efforts to procure a SBA loan, id. at 62-68, FEMA funds, id. at 70-80, and HOME funds, id. at 82-83, for Fortner Manor. However, “due to the absence of available funds,” KBK was unable to provide HUD with the requested architectural and engineering reports for Fortner Manor. Id. at 6. 3. Violation Notices During the May 21, 2007 meeting, Reverend Centrallo also promised HUD that NBC would secure the building and area surrounding Fortner Manor within the near future. Defs.’ Stmt. ¶ 63. Towards that end, on June 6, 2007, HUD released, at NBC’s request, an additional $6,830.00 from Fortner Manor’s reserve fund “for boarding of [the] building and a 12-month lawn service account.” Defs.’ Stmt. ¶ 65; AR at 48-49 (Letter from Cherlyn Wheeler, Asset Mgmt. Branch Chief, La. Multifamily Program Ctr., HUD, to Rosalind Swinger, Taliafaro, Inc. (June 6, 2007)). When HUD inspected Fortner Manor on July 12, 2007, however, it discovered that the first and second floors of Fortner Man- or were severely damaged, the building’s electrical and mechanical systems were damaged, and there was debris and high grass around the property. Defs. Stmt. ¶ 66; AR at 51-52. Consequently, on August 7, 2007, HUD sent NBC a “Notice of Regulatory Agreement Violation” (hereinafter, “August 2007 Violation Notice”), informing NBC that it was in violation of its obligations — under paragraph 8 of the Regulatory Agreement and 24 C.F.R. § 5.703 — to maintain Fort-ner Manor in good repair and condition. Defs.’ Stmt. ¶ 67; AR at 51-54 (August 2007 Violation Notice). HUD then informed NBC that within thirty days it must: (1) remove debris, cut the grass, and secure the building at Fortner Manor; (2) conduct a survey identifying the physical deficiencies in the project; (3) submit an acceptable plan to correct Fortner Manor’s physical deficiencies; and (4) provide the completed survey, along with an executed certification that the above work had been completed, to HUD’s New Orleans office. AR at 51. HUD warned NBC that it would reinspect Fortner Man- or to confirm compliance with the Regulatory Agreement and that: If the owner fails to take the necessary corrective action, then the Secretary may, without further notice, declare the owner in default of the Regulatory Agreement and seek any and all available remedies, including but not limited to, acceleration of the outstanding principal indebtedness, foreclosure or any other appropriate remedies. Id. at 52. NBC failed to take the requested corrective actions within the time requested. Defs.’ Stmt. ¶ 68. Consequently, nearly three months later, on November 3, 2007, HUD sent Reverend Centrallo another “Notice of Regulatory Agreement Violation” (hereinafter, “November 2007 Violation Notice”) regarding Fortner Manor. Defs.’ Stmt. ¶ 68; AR at 55-56 (November 2007 Violation Notice). In the notice, HUD informed NBC that it would no longer hold Fortner Manor’s PRAC in forbearance. AR at 55. Additionally, HUD informed NBC that, despite having two years to return Fortner Manor to “good repair and condition,” Fortner Manor “has not become habitable” and NBC has not “provided an acceptable immediate plan to return the property to a habitable condition.” Defs.’ Stmt. ¶ 69; AR at 55. As a result, HUD ordered NBC to, within the next thirty days, submit “an immediate plan to bring [Fortner Manor] within good repair and condition within 90 days of submittal.” Defs.’ Stmt. ¶ 69; AR at 55. HUD once again cited 24 C.F.R. § 5.703 for the appropriate standard for good repair and condition Fortner Manor must meet. Defs.’ Stmt. ¶ 69; AR at 55. HUD further advised NBC, just as in the August 2007 Violation Notice, that: If the owner fails to take the necessary corrective action, then the Secretary may, without further notice, declare the owner in default of the Regulatory Agreement and seek any and all available remedies, including but not limited to, acceleration of the outstanding principal indebtedness, foreclosure or any other appropriate remedies. Defs.’ Stmt. ¶ 69; AR at 56. 4. Default Notices On December 13, 2007, HUD once again inspected Fortner Manor and concluded that the property “remain[ed] uninhabitable due to substandard conditions.” Defs.’ Stmt. ¶ 71; AR at 57. Accordingly, on March 5, 2008, HUD sent Reverend Centrallo a “Notice of Default of the Project Rental Assistance Contract” (hereinafter, “March 2008 Default Notice”). Defs.’ Stmt. ¶ 72; AR at 57. The March 2008 Default Notice stated that, despite the August 2007 and November 2007 Violation Notices, NBC had “fail[ed] to maintain Fortner Manor in a decent, safe and sanitary condition in accordance with 24 C.F.R. § 5.703.” Defs.’ Stmt. ¶ 72; AR at 57. For these reasons, the notice informed NBC that the Secretary had found it “to be in default of the Regulatory Agreement and the PRAC” and that “HUD shall pursue any and all remedies available to it without further notice.” AR at 58. On December 18, 2008, HUD again informed NBC by letter (hereinafter, “December 2008 Default Notice”) that it was in default of the Regulatory Agreement and that it was now in a “monetary default” under the Mortgage Agreement because it “failed to make monthly payments and failed to maintain and operate the property in a decent, safe and sanitary manner.” Defs.’ Stmt. ¶ 74; AR at 61-62 (December 2008 Default Notice). On account of these defaults and NBC’s “failure to submit an acceptable reinstatement plan, HUD declare[d] the entire unpaid principal balance due and payable.” Defs.’ Stmt. ¶ 74; AR at 61. The December 2008 Default Notice also provided: Before instituting foreclosure proceedings, however, HUD will provide you with an opportunity to show reasons why foreclosure should not take place. If you believe that no default exists, or if you know of some other legal reason that HUD should not foreclose, these reasons should be submitted, in writing, within twenty-one (21) days of the receipt of this letter. Defs.’ Stmt. ¶ 74; AR at 61. Additionally, HUD informed NBC that a meeting could be scheduled to hear its appeal provided that NBC called or faxed a request for a meeting within seven days of receipt of the Notice. Defs.’ Stmt. ¶ 74; AR at 62. On January 12, 2009, Reverend Noble responded to the December 2008 Default Notice, arguing that HUD’s “policies and procedures regarding foreclosure actions” did not anticipate a natural disaster the magnitude of Hurricane Katrina, and accordingly “special measures are warranted” with respect to Fortner Manor. PL’s Opp’n, Decl. of Reverend Willie Gable (“Gable Decl.”), Ex. H at 1 (Letter from Reverend Noble, Chairman, NBC, to Shaun Donovan, Sec’y, HUD (Jan. 12, 2009)). The letter then detailed NBC’s efforts to restore Fortner Manor, including meeting with HUD and attempting to procure funding. See id. at 1-3. Reverend Noble’s January 12, 2009 letter also indicated, however, that NBC still had not obtained the funding necessary to repair Fortner Manor. See id. On April 29, 2009, Dr. Robert Turner, Sr., president of First District Missionary Baptist Association (“FDMBA”), informed HUD that: (1) he was in receipt of the December 2008 Default Notice; (2) the FDMBA “is the local sponsor of’ Fortner Manor; and (3) HUD’s previous correspondences regarding Fortner Manor “did not include notice to the local sponsor.” Defs.’ Stmt. ¶ 77; AR at 64-65 (Letter from Dr. Robert Turner, Sr., President, FDMBA, to Ruth Pompa, Dir., Fort Worth Multifamily Property Disposition Ctr., HUD (Apr. 29, 2009)). Dr. Turner then requested a written update of the current status of Fortner Manor’s foreclosure and advised HUD that FEMA was still working to provide NBC funding to repair Fortner Manor. AR at 64. By a letter dated May 5, 2009, HUD responded to Dr. Turner, advising him that “[n]otice of pending foreclosure was given to the owner of record” and that “[s]ince we have no legal reasons to stop foreclosure,” HUD was proceeding with the foreclosure of Fortner Manor. Defs.’ Stmt. ¶ 78; AR at 66-67. 5. Appointment of Lilley as Foreclosure Commissioner and Notices of Foreclosure Sales Jack T. Stark, Deputy Regional Counsel of HUD’s Regional Counsel for the Southwest, appointed Roy S. Lilley as Fortner Manor’s foreclosure commissioner on May 20, 2009. Defs.’ Stmt. ¶ 79. On May 29, 2009, Lilley issued a “Notice of Default and Foreclosure Sale” of Fortner Manor (hereinafter, “May 2009 Notice of Foreclosure Sale”), which scheduled Fortner Man- or’s foreclosure sale for July 8, 2009. Defs.’ Stmt. ¶ 80; AR at 79-80 (May 2009 Notice of Foreclosure Sale). On May 31, 2009, Lilley notified NBC of the July 8, 2009 foreclosure sale. Defs.’ Stmt. ¶ 82. "While Lilley completed the aforementioned tasks, the Secretary received a letter from U.S. Senator Mary L. Landrieu on NBC’s behalf, in which the Senator requested that HUD “consider whether an extension [of Fortner Manor’s foreclosure] is warranted.” Defs.’ Stmt. ¶ 83; AR at 68 (Letter from Mary L. Landrieu, U.S. Senator, to Shaun Donovan, Sec’y, HUD (May 22, 2009)). On July 10, 2009, HUD responded to Senator Landrieu’s letter, recounting HUD’s rationale for foreclosing on Fortner Manor and indicating that, in light of Senator Landrieu’s letter, HUD would postpone Fortner Manor’s foreclosure for an additional twenty-one days. Defs.’ Stmt. ¶ 87; AR at 69-70 (Letter from Peter Kovar, Assistant Sec’y, HUD, to Mary L. Landrieu, U.S. Senator (Jul. 10, 2009)). Consequently, on July 9, 2009, Lilley issued another “Notice of Default and Foreclosure Sale” for Fortner Manor (hereinafter, “July 2009 Notice of Foreclosure”) with a rescheduled foreclosure date of July 28, 2009. Defs.’ Stmt. ¶ 84; AR at 87-89 (July 2009 Notice of Foreclosure). The same day, Lilley notified NBC of the rescheduled foreclosure sale. Defs.’ Stmt. ¶ 86. On July 27, 2009, NBC’s counsel, Mark Weinstein, “attempted to contact [ ] Lilley ... in an effort to temporarily postpone or permanently halt foreclosure proceedings with respect to [Fortner Manor].” Pl.’s Opp’n, Decl. of Mark Weinstein (“Weinstein Deck”) ¶ 5. After not receiving “a prompt response” from Lilley on either July 27 or 28, 2009, id. ¶ 6, NBC filed a motion for a temporary restraining order in a Louisiana state court, Defs.’ Stmt. ¶ 89; Weinstein Deck ¶ 6; Defs.’ Mot., Deck of Roy S. Lilley (“First Lilley Deck”) ¶ 22. A hearing on the motion was held on the morning of the foreclosure sale — July 28, 2009. See Defs.’ Stmt. ¶ 89; Weinstein Deck ¶ 7. Lilley attended the hearing after being contacted by NBC’s counsel, and ultimately the state court judge denied NBC’s motion on jurisdictional grounds. See Defs.’ Stmt. ¶ 89; Weinstein Decl. ¶ 7. After the hearing, Lilley continued with Fortner Manor’s foreclosure sale that was scheduled for that afternoon. First Lilley Deck ¶ 25. At the sale, Jim Hotard Properties, LLC was the highest bidder with a bid of $201,000. Defs.’ Stmt. ¶ 95; First Lilley Deck ¶ 26. Subsequently, Lapey-rouse Investments (“Lapeyrouse”) obtained Hotard’s interest in Fortner Manor and a closing between Lapeyrouse and HUD was scheduled for September 17, 2009. Defs.’ Stmt. ¶ 93; First Lilley Deck ¶ 27. The day before the closing, Lilley received a letter from NBC’s counsel, Mr. Weinstein, advising Lilley that if HUD perfected the foreclosure and transferred Fortner Manor, NBC would bring suit seeking a declaration that the transfer was illegal. Defs.’ Stmt. ¶¶ 94-95. At the closing the following day, Lilley advised La-peyrouse and the title insurance underwriter of NBC’s intention to sue if Fortner Manor was transferred. Defs.’ Stmt. ¶ 96; First Lilley Deck ¶ 29. Consequently, the underwriter refused to issue a title insurance policy and, without title insurance, Lapeyrouse was unable to obtain the loan necessary to effectuate the closing. Defs.’ Stmt. ¶¶ 96-98; First Lilley Deck ¶¶ 29-30. With Lapeyrouse being unable to purchase Fortner Manor, HUD scheduled another foreclosure sale for November 30, 2009, and Lilley issued another “Notice of Default and Foreclosure Sale” of Fortner Manor (“October 2009 Notice of Foreclosure”). Defs.’ Stmt. ¶ 99; First Lilley Deck ¶ 31; AR at 101-102 (October 2009 Notice of Foreclosure). On October 26, 2009, Lilley notified NBC of Fortner Man- or’s November 30, 2009 foreclosure sale. Defs.’ Stmt. ¶ 101. At this final foreclosure sale, no bids were entered for Fort-ner Manor. Defs.’ Stmt. ¶ 105. As a final matter, the Court notes that Reverend Gable declares that “[a]t this point, FEMA has awarded $571, 479 to Fortner Manor. In addition, NBC has the option of converting an award from another project to Fortner Manor in the amount of $578,826 for a total of $1,150, 305 in available proceeds to make repairs at Fortner Manor....” Gable Deck ¶69. NBC has provided no documentation to support these claims, and presumably FEMA would have provided NBC with documentation relating to an award of funds. Without such documentation, it is unclear when FEMA allegedly granted NBC these funds and what restrictions FEMA may have placed on them. Based solely on Reverend Gable’s declaration, the Court can only assume that these funds were available as of the date of the declaration, i.e., May 5, 2010, subsequent to the events at issue. II. LEGAL STANDARD A. Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(2) A plaintiff bears the burden of establishing a factual basis for asserting personal jurisdiction over a defendant. See Crane v. N.Y. Zoological Soc’y, 894 F.2d 454, 456 (D.C.Cir.1990). “The plaintiff, however, cannot rest on bare allegations or conclusory statements and must allege specific facts connecting each defendant with the forum.” GTE New Media Servs., Inc. v. Ameritech Corp., 21 F.Supp.2d 27, 36 (D.D.C.1998); see also Second Amendment Found. v. U.S. Conference of Mayors, 274 F.3d 521, 524 (D.C.Cir.2001) (same). “To make such a showing, the plaintiff is not required to adduce evidence that meets the standards of admissibility reserved for summary judgment and trial; rather she may rest her arguments on the pleadings, ‘bolstered by such affidavits and other written materials as [she] can otherwise obtain.’ ” Urban Inst. v. FINCON Servs., 681 F.Supp.2d 41, 44 (D.D.C.2010) (quoting Mwani v. bin Laden, 417 F.3d 1, 7 (D.C.Cir.2005)) (alteration in original). When determining whether personal jurisdiction exists over a defendant, the Court need not treat all of a plaintiffs allegations as true. Instead, the Court “may receive and weigh affidavits and any other relevant matter to assist it in determining the jurisdictional facts.” United States v. Philip Morris, Inc., 116 F.Supp.2d 116, 120 n. 4 (D.D.C.2000) (internal quotation marks and citation omitted). Any factual discrepancies with regard to the existence of personal jurisdiction, however, must be resolved in favor of the plaintiff. See Crane, 894 F.2d at 456. B. Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) Under the Federal Rules of Civil Procedure, a complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief,” Fed. R.Civ.P. (8)(a), “in order to ‘give the defendant fair notice of what the ... claim is and the grounds upon which it rests.’ ” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). Although “detailed factual allegations” are not necessary to withstand a Rule 12(b)(6) motion to dismiss, to provide the “grounds” of “entitle[ment] to relief,” a plaintiff must furnish “more than labels and conclusions” or “a formulaic recitation of the elements of a cause of action.” Id. “Nor does a complaint suffice if it tenders ‘naked assertion[s]’ devoid of ‘further factual enhancement.’ ” Ashcroft v. Iqbal, — U.S. -, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 557, 127 S.Ct. 1955). Rather, a complaint must contain sufficient factual allegations that if accepted as true, “state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570,127 S.Ct. 1955. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 129 S.Ct. at 1949 (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). When considering a motion to dismiss for failure to state a claim, the Court must construe the complaint in a light most favorable to the plaintiff and must accept as true all reasonable factual inferences drawn from well-pleaded factual allegations. In re United Mine Workers of Am. Emp. Benefit Plans Litig., 854 F.Supp. 914, 915 (D.D.C.1994); see also Schuler v. United States, 617 F.2d 605, 608 (D.C.Cir. 1979) (“The complaint must be liberally construed in favor of the plaintiff, who must be granted the benefit of all inferences that can be derived from the facts alleged.”) (internal quotation marks omitted). However, a plaintiff must provide more than just “a sheer possibility that a defendant has acted unlawfully.” Iqbal, 129 S.Ct. at 1950. When a complaint’s well-pleaded facts do not enable a court, “draw[ing] on its judicial experience and common sense,” “to infer more than the mere possibility of misconduct,” the complaint has not shown that the pleader is entitled to relief. Id. In evaluating a motion to dismiss under Rule 12(b)(6), the Court is limited to considering the facts alleged in the complaint, any documents attached to or incorporated in the complaint, matters of which the court may take judicial notice, and matters of public record. See EEOC v. St. Francis Xavier Parochial Sch., 117 F.3d 621, 624 (D.C.Cir.1997). If, however, the parties present additional documents that are “not excluded by the court, the motion [to dismiss] shall be treated as one for summary judgment and disposed of as provided in Rule 56.” Fed.R.Civ.P. 12(d). “All parties must be given a reasonable opportunity to present all the material that is pertinent to the [converted] motion [for summary judgment].” Fed.R.Civ.P. 12(d). “The decision to convert a motion to dismiss into a motion for summary judgement ... is committed to the sound discretion of the trial court.” Flynn v. Tiede-Zoeller, Inc., 412 F.Supp.2d 46, 50 (D.D.C.2006) (citing 5C Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1366 at 159 (3d ed. 2004)). In exercising this discretion, a “reviewing court should not automatically treat a dismissal where external materials were not excluded as a summary judgment, although such treatment may be the most common result.... Rather, the reviewing court must assure itself that summary judgment treatment would be fair to both parties in that the procedural requirements of the applicable rules were observed.” TeleCommc’ns of Key West, Inc. v. United States, 757 F.2d 1330, 1334 (D.C.Cir.1985). However, “no useful purpose can be served by [Rule 12(d)’s notice and opportunity requirement’s] application where it is clear that the dispositive facts will remain undisputed and unchanged.” See Hollis v. U.S. Dep’t of Army, 856 F.2d 1541, 1544 (D.C .Cir.1988). C. Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56 Summary judgment is proper when “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). Under the summary judgment standard, the moving party bears the “initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (internal quotation marks omitted). In response, the non-moving party must “go beyond the pleadings and by [its] own affidavits, or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial.” Id. at 324, 106 S.Ct. 2548 (internal quotation marks omitted). All underlying facts and inferences are analyzed in the light most favorable to the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The mere existence of a factual dispute, by itself, is insufficient to bar summary judgment. See id. at 248, 106 S.Ct. 2505. To be material, the factual assertion must be capable of affecting the substantive outcome of the litigation; to be genuine, the issue must be supported by sufficient admissible evidence that a reasonable trier of fact could find for the nonmoving party. Laningham v. U.S. Navy, 813 F.2d 1236, 1241 (D.C.Cir.1987); see also Liberty Lobby, 477 U.S. at 251-52, 106 S.Ct. 2505 (the court must determine “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law”). “If the evidence is merely colorable, or is not sufficiently probative, summary judgment may be granted.” Liberty Lobby, 477 U.S. at 249-50, 106 S.Ct. 2505 (internal citations omitted). In addition, conclusory assertions offered without any factual basis for support do not satisfy an opponent’s burden to set forth “affirmative evidence” showing a genuine issue for trial. Broaddrick v. Exec. Office of the President, 139 F.Supp.2d 55, 65 (D.D.C.2001) (citing Laningham, 813 F.2d at 1241). III. DISCUSSION A. Federal Defendants’ Motion to Dismiss Pursuant to Rule 12(b)(2) 1. NBC Has Failed to Allege Facts Connecting Lilley tuith the District NBC has the burden of demonstrating that District of Columbia law grants this Court personal jurisdiction over Lilley. Crane, 894 F.2d at 456; see also Edmond v. U.S. Postal Serv. Gen. Counsel, 949 F.2d 415, 424 (D.C.Cir.1991) (“Even though subject-matter jurisdiction is here predicated upon a federal question, [plaintiffs] must rely on D.C. law to sue nonresident defendants, since no federal long-arm statute applies.”). For this Court to exercise personal jurisdiction over Lilley, NBC must plead facts sufficient to satisfy: (1) the District of Columbia’s long-arm statute; and (2) the constitutional requirements of due process. See GTE New Media Servs. Inc. v. BellSouth Corp., 199 F.3d 1343, 1347 (D.C.Cir.2000). The long-arm statute provides in pertinent part: (a) A District of Columbia court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a claim for relief arising from the person’s— (1) transacting any business in the District of Columbia____ D.C.Code § 13-423. NBC asserts that jurisdiction is proper under subsection (a)(1) because “it is reasonable for NBC to aver HUD and [Lilley] remained in continuous contact (via email correspondences and telephone calls) regarding the foreclosure proceeding.” PL’s Opp’n at 37. This contact, NBC avers, must have been directed into the District as HUD is a federal agency headquartered in the District. Id. NBC does not allege that any other contact with the District or subsection of the long-arm statute confers personal jurisdiction over Lilley. See PL’s Opp’n at 37-39. In contrast to NBC’s allegations, Lilley declares that his appointment as Fortner Manor’s foreclosure commissioner was effectuated exclusively by HUD’s Fort Worth, Texas office and “[a]t no point did [he] communicate in any respect with any HUD official located in Washington, D.C., as part of the process by which [he] was appointed foreclosure commissioner.” Second Lilley Decl. ¶ 4; see also id. ¶ 5 (“At no point during the course of my duties as foreclosure commissioner have I ever initiated any form of written, telephonic, or other contact with any HUD official located in Washington, D.C.”). In light of Lilley’s uneontroverted declaration and NBC’s unsubstantiated speculation, the Court concludes that NBC has failed to establish specific facts connecting Lilley with the District. See Ameritech Corp., 21 F.Supp.2d at 36 (“The plaintiff ... cannot rest on bare allegations or conclusory statements and must allege specific facts connecting each defendant with the forum.”). Accordingly, the Court may not exercise personal jurisdiction over Lilley pursuant to subsection (a)(1) of the long-arm statute. 2. The Jurisdictional Facts Are Not Intertwined with the Merits NBC contends that the Court should at least delay resolving whether it has personal jurisdiction over Lilley because this jurisdictional issue is intertwined with the merits of this case. Pl.’s Opp’n at 39. Specifically, NBC contends that Lilley’s possible communications with the District “would also likely disclose the details surrounding NBC’s claims----” Id. at 40. As However, as this Court stated when rejecting NBC’s identical argument in opposition to Hotard’s motion to dismiss for lack of personal jurisdiction: [Wjhether this Court has personal jurisdiction over [Lilley] is not intertwined, much less inextricably, with the merits of this case. Regardless of whether Fortner Manor’s foreclosure complied with the APA and HUD procedures, the nature of [Lilley’s] contacts with the District of Columbia will remain unaffected. The fact that the same evidence may both support [NBC’s] claims and indicate [Lilley’s] contact with HUD, does not render the merits of this case inextricably intertwined with the personal jurisdiction issue currently before the Court. See [36] Mem. Op. at 7. Accordingly, the Court shall not defer resolution of Federal Defendants’ motion to dismiss Lilley as a defendant for lack of personal jurisdiction. 3. NBC Is Not Entitled to Jurisdictional Discovery Finally, NBC attempts to evade the motion to dismiss Lilley as a defendant for lack of personal jurisdiction by claiming that it “is entitled, at bare minimum, to full discovery with respect to the jurisdictional issue raised.” Pl.’s Opp’n at 40. “It is well established that the ‘district court has broad discretion in its resolution of [jurisdictional] discovery problems.’ ” FC Inv. Grp. LC v. IFX Markets, Ltd., 529 F.3d 1087, 1093 (D.C.Cir.2008) (quoting Naartex Consulting Corp. v. Watt, 722 F.2d 779, 788 (D.C.Cir.1983)). “This Circuit’s standard for permitting jurisdictional discovery is quite liberal.” Diamond Chem. Co. v. Ato- fina Chems., Inc., 268 F.Supp.2d 1, 15 (D.D.C.2003). “[H]owever, in order to get jurisdictional discovery a plaintiff must have at least a good faith belief that such discovery will enable it to show that the court has personal jurisdiction over the defendant.” Caribbean Broad. Sys., Ltd. v. Cable & Wireless PLC, 148 F.3d 1080, 1090 (D.C.Cir.1998) (denying jurisdictional discovery when plaintiff “did not allege any facts remotely suggesting that [the defendant] had any connection to the District of Columbia”). Moreover, “a plaintiff must make a ‘detailed showing of what discovery it wishes to conduct or what results it thinks such discovery would produce.’ ” Atlantigas Corp. v. Nisource, Inc., 290 F.Supp.2d 34, 53 (D.D.C.2003) (quoting Philip Morris, 116 F.Supp.2d at 130 n. 16). “Where there is no showing of how jurisdictional discovery would help plaintiff discover anything new, ‘it [is] inappropriate to subject [defendants] to the burden and expense of discovery.’” Id. (quoting COMSAT Corp. v. Finshipyards S.A.M., 900 F.Supp. 515, 524 n. 4 (D.D.C.1995)) (alterations in the original); see also FC Inv. Grp., 529 F.3d at 1093 (“[A] request for jurisdictional discovery cannot be based on mere conjecture or speculation.”). In this case, NBC requests jurisdictional discovery “to establish the known jurisdictional predicates with record evidence.” Pl.’s Opp’n at 41. NBC asserted this identical boilerplate request for jurisdictional discovery when it opposed Hotard’s motion to dismiss. The Court shall once again deny NBC’s request for jurisdictional discovery. First, NBC’s request does not amount to the necessaiy “detailed showing of what discovery [NBC] wishes to conduct or what results it thinks such discovery would produce.” Atlantigas Corp., 290 F.Supp.2d at 53. Second, as mentioned above, NBC’s basis for personal jurisdiction over Lilley is completely speculative, and therefore cannot serve as the basis for jurisdictional discovery. See FC Inv. Grp., 529 F.3d at 1093 (“[A] request for jurisdictional discovery cannot be based on mere conjecture or speculation.”). Contrary to NBC’s suggestion, a request for jurisdictional discovery is not a talisman whose mere utterance can ward off an impending motion to dismiss for lack of personal jurisdiction. Rather, a plaintiff must at least have a good faith basis that jurisdictional discovery will reveal the existence of facts sufficient to establish personal jurisdiction over a defendant. See Caribbean Broad. Sys., 148 F.3d at 1090. NBC has not provided the Court with a reason to believe that there is a good faith basis for seeking jurisdictional discovery. See Bastin v. Fed. Nat’l Mortgage Ass’n, 104 F.3d 1392, 1396 (D.C.Cir.1997) (affirming district court’s denial of jurisdictional discovery where request “would amount to nothing more than a fishing expedition”). Therefore, the Court shall deny NBC’s request for jurisdictional discovery. Accordingly, the Court shall grant Federal Defendants’ motion to dismiss Lilley as a defendant for lack of personal jurisdiction. B. The Secretary’s Motion to Dismiss Pursuant to Rule 12(b)(6) Although the Court will treat the Secretary’s dispositive motion primarily as a motion for summary judgment based on the parties’ submission of materials outside the pleadings, there are two discrete claims which do not rely on matters outside the pleadings. These are NBC’s claims that (1) HUD discriminated against NBC at the request of other non-minority organizations, see Compl. ¶ 77; and (2) HUD “singled out” NBC for foreclosure, see id. ¶ 79. Therefore, the Court shall consider these claims to determine whether NBC has asserted a claim upon which relief can be granted pursuant to Rule 12(b)(6). 1. NBC Has Failed to State a Claim that HUD Discriminated Against It at the Request of Non-Minority Profit or Non-Profit Organizations As part of its claim that the Secretary-acted arbitrarily or capriciously, NBC alleges that in foreclosing on Fortner Manor, HUD “acted upon the request of other, non-minority profit or nonprofit organizations who desired to obtain [NBC’s] valuable property” and that this was “discriminatory.” Compl. ¶ 77. The Secretary argues that this claim must be dismissed because the Complaint fails to allege any facts that support this conclu-sory allegation or show that this would constitute arbitrary or capricious action by the Secretary. In its opposition, NBC fails to address this claim and does not otherwise argue that HUD discriminated against NBC in this manner. Accordingly, the Court may treat the Secretary’s arguments as conceded. See, e.g., Hopkins v. Women’s Div., Gen. Bd. of Global Ministries, 284 F.Supp.2d 15, 25 (D.D.C.2003) (“It is well understood in this Circuit that when a plaintiff files an opposition to a dispositive motion and addresses only certain arguments raised by the defendant, a court may treat those arguments that the plaintiff failed to address as conceded.”), aff'd, 98 Fed.Appx. 8 (D.C.Cir.2004); Day v. D.C. Dep’t of Consumer & Regulatory Affairs, 191 F.Supp.2d 154, 159 (D.D.C.2002) (“If a party fails to counter an argument that the opposing party makes in a motion, the court may treat that argument as conceded.”). Moreover, even if the Court were not to treat these arguments as conceded, the Court would still dismiss this claim for failure to state a claim because the Complaint does not contain any factual allegations to support this claim. 2. NBC Has Failed to State a Claim that HUD Singled It Out Foreclosure NBC also claims that the Secretary acted arbitrarily and capriciously by “singling out [Fortner Manor] for foreclosure in the midst of the disorganization of the federal government in dealing with the aftermath of Hurricane Katrina.” Compl. ¶ 79. The Secretary moves to dismiss this claim on the ground that NBC has failed to plead any specific facts to support it. See Defs.’ Mot. at 44. After reviewing the Complaint, the Court agrees. NBC does not allege in its Complaint that there were other similarly situated properties that HUD did not foreclose on or otherwise explain how NBC was “singled out” by HUD. NBC’s conclusory allegation that HUD acted arbitrarily and capriciously by singling out NBC is insufficient to plausibly state a claim for relief. NBC does assert additional facts in its opposition that are arguably relevant to this claim, see PL’s Opp’n at 9, 25, but the Court may not consider such new allegations when deciding a motion to dismiss, which tests the sufficiency of the allegations in the Complaint. See Arbitraje Casa de Cambio, S.A. de C.V. v. U.S. Postal Serv., 297 F.Supp.2d 165, 170 (D.D.C.2003) (“It is axiomatic that a complaint may not be amended by the briefs in opposition to a motion to dismiss.”) (citation omitted). Moreover, the fact that HUD may have acted differently in other published cases involving foreclosure does not establish that it acted arbitrarily or capriciously in this instance. Therefore, for the aforementioned reasons, the Court concludes that NBC has failed to state a claim that HUD singled it out for foreclosure or discriminated against it at the request of non-minority organizations. C. The Secretary’s Motion for Summary Judgment The Court now considers the Secretary’s motion for summary judgment. NBC asserts four counts against the Secretary. The Court shall first address Count I, which seeks a declaratory judgment that HUD failed to comply with its regulations requiring written notice justifying its refusal to delay or withdraw Fortner Man- or’s foreclosure. The Court shall then analyze Counts II and III, which are NBC’s challenges to HUD’s foreclosure process and decision under the Administrative Procedure Act, 5 U.S.C. §§ 551 et seq. (“APA”). Finally, the Court shall conclude with Count IV, wherein NBC seeks to permanently enjoin the Secretary from foreclosing Fortner Manor. 1. Count I In Count I, NBC claims that HUD violated its own regulations by failing to provide written notice justifying its refusal to delay or withdraw Fortner Manor’s foreclosure and seeks a declaration that the July 28, 2009 and November 30, 2009 foreclosure sales and October 2009 Notice of Foreclosure are therefore illegal and void. See Compl. ¶¶ 62-68. The regulation at issue is 24 C.F.R. § 27.25(d), which states: “If upon application by the mortgagor, the [foreclosure] commissioner refuses to withdraw the property from foreclosure under section 369A(a) of the Act (12 U.S.C. 3709(a)), the commissioner shall provide the mortgagor and the Secretary with a written statement of the reasons for the refusal.” In turn, 12 U.S.C. § 3709(a) provides in pertinent part that: [T]he foreclosure commissioner shall withdraw the security property from foreclosure and cancel the foreclosure sale only if- (2) the commissioner finds, upon application of the mortgagor at least three days prior to the date of sale, that the default or defaults upon which the foreclosure is based did not exist at the time of service of the notice of default and foreclosure sale.... (emphasis added). The Secretary contends that HUD did not violate 24 C.F.R. § 27.25(d) because the foreclosure commissioner never received a timely application from NBC to withdraw the property from foreclosure. NBC counters that its counsel attempted to contact Lilley on July 27 and 28, 2009 but did not receive a prompt response. See Pl.’s Opp’n at 32 (citing Weinstein Decl. ¶¶ 5-6). Even assuming, arguendo, that the attempts by NBC’s counsel to contact Lilley amounted to an “application” under 24 C.F.R. § 27.25(d), these attempts occurred the day before and the day of the foreclosure sale — July 28, 2009 — and therefore were untimely. See Compl. ¶ 43; Defs.’ Stmt. ¶ 92. Section 3709(a) required NBC to submit its application at least three days prior to the foreclosure sale — i.e., by July 25, 2009. The Secretary contends that an untimely application does not trigger 24 C.F.R. § 27.25(d)’s written response requirement. This is a straightforward reading of the regulations, and NBC advances no legal authority or argument to contradict the plain language of the regulations. In fact, NBC does not even discuss or refer to 24 C.F.R. § 27.25(d) or 12 U.S.C. § 3709(a) in its opposition. Accordingly, the Court cannot conclude that HUD failed to comply with 24 C.F.R. § 27.25(d) and that the July 28, 2009 and November 30, 2009 foreclosure sales and October 2009 Notice of Foreclosure were contrary to the law as a result. Therefore, the Secretary is entitled to judgment as a matter of law with respect to Count I. 2. Counts II and III In Counts II and III of the Complaint, NBC claims that HUD violated the APA by, inter alia, failing to follow its own regulations, failing to afford NBC with due process prior to foreclosure, and deciding to foreclose on Fortner Manor amidst the federal government’s disorganized response to Hurricane Katrina. The APA provides cause of action for federal courts to “hold unlawful and set aside agency action, findings, and conclusions found to be ... arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A). NBC, as the party challenging the agency action, must prove that HUD’s decision was arbitrary or capricious. City of Olmsted Falls v. Fed. Aviation Admin., 292 F.3d 261, 271 (D.C.Cir.2002). An agency’s decision may be arbitrary and capricious if: (i) its explanation runs counter to the evidence before the agency or is so implausible that it could not be ascribed to a difference of view or the product of agency expertise; (ii) the agency entirely failed to consider an important aspect of the problem or issue; (iii) the agency relied on factors which Congress did not intend the agency to consider; or (iv) the decision otherwise constitutes a clear error of judgment. Motor Vehicle Mfrs. Ass’n of the U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983); accord Jicarilla Apache Nation v. U.S. Dep’t of Interior, 613 F.3d 1112, 1118 (D.C.Cir.2010). In assessing the merits of NBC’s challenge, the Court begins with the presumption that HUD’s action was valid. Grid Radio v. Fed. Commc’ns Comm’n, 278 F.3d 1314, 1322 (D.C.Cir.2002). This standard of review is highly deferential; the Court need not find that HUD’s decision is “the only reasonable one, or even that it is the result [the Court] would have reached had the question arisen in the first instance in judicial proceedings.” Am. Paper Inst, Inc. v. Am. Elec. Power Serv. Corp., 461 U.S. 402, 422, 103 S.Ct. 1921, 76 L.Ed.2d 22 (1983). That is, it is not enough for HUD’s decision to be incorrect; so long as it has some rational basis, the court is bound to uphold the decision. Hosp. of Univ. of Pa. v. Sebelius, 634 F.Supp.2d 9, 13 (D.D.C.2009) (citing Citi zens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971)). Finally, in regard to HUD’s actions in particular, HUD must “exercise [its] powers, functions, and duties ... consistently with the national housing policy declared by” the national housing acts. See 42 U.S.C. § 1441. This mandate “is not prec-atory; HUD is obliged to follow these policies” and “[a]ction taken without consideration of them, or in conflict with them, will not stand.” Pennsylvania v. Lynn, 501 F.2d 848, 855 (D.C.Cir.1974). Nevertheless, “once a mortgagor defaults, ‘[t]he federal policy to protect the treasury and promote the security of federal investment ... becomes predominant.’ ” United States v. OCCI Co., 758 F.2d 1160, 1163 (7th Cir.1985) (quoting United States v. Victory Highway Vill., Inc., 662 F.2d