News & Analysis as of

Supreme Court of the United States › Fair Housing Act (FHA)

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Arnall Golden Gregory LLP

What the Supreme Court’s Loper Decision Means for the Affordable Housing Industry

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Ending 40 years of judicial deference to administrative agencies’ interpretations of ambiguous statutes governing them, the Supreme Court of the United States finally pulled the plug on this experiment that it, just five...more

Ballard Spahr LLP

Oral Arguments Held in CFPB v. Townstone Financial Case

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On December 8, 2023, oral arguments were held before a three judge panel of the U.S. Court of Appeals for the Seventh Circuit in the CFPB v. Townstone Financial case, in which the CFPB alleges that Townstone Financial, a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Questions Whether ADA Tester Case Is Moot

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On October 4, 2023, the Supreme Court of the United States heard oral arguments in a highly-anticipated case over whether a self-proclaimed “tester” plaintiff has standing to bring Americans with Disabilities Act (ADA) claims...more

Sheppard Mullin Richter & Hampton LLP

US District Court Grants HUD’s Summary Judgment Motion in Disparate Impact Case

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Ten years after the US Department of Housing and Urban Development (HUD) first promulgated its disparate impact rule (the Rule), on September 19, the US District Court for the District of Columbia granted HUD’s motion for...more

Sheppard Mullin Richter & Hampton LLP

Challenge to Housing and Revitalization Project Found Not Cognizable under the Fair Housing Act and California Fair Employment and...

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In a case potentially overshadowed by the California Supreme Court’s same-day denial to hear a request to stay a cap on student admissions at UC Berkeley, the Second Appellate District Court (Div. 2) issued its opinion in...more

Bradley Arant Boult Cummings LLP

Biden Administration Continues Fair Lending Efforts as HUD Announces Proposal to Restore the Discriminatory Effects Rule

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One of the Biden administration’s first actions was a January 25, 2021, executive order on Redressing Our Nation’s and the Federal Government’s History of Discriminatory Housing Practices and Policies, whereby the White House...more

ArentFox Schiff

Joe Biden: Not Just President but Super-Superintendent of Insurance?

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In addition to dramatically changing the policies of former President Trump on the pandemic, the economy, immigration, and other key issues, the Biden Administration is likely to substantially increase the federal...more

Bradley Arant Boult Cummings LLP

Federal District Court Stays Effective Date and Enjoins Enforcement of HUD’s Final Rule on the Fair Housing Act’s Disparate Impact...

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On October 24, 2020, the U.S. Department of Housing and Urban Development’s (HUD) final rule on the implementation of the Fair Housing Act’s disparate impact standard was scheduled to become effective. That effective date was...more

Bradley Arant Boult Cummings LLP

HUD Issues Final Rule on the Fair Housing Act’s Disparate Impact Standard

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On September 3, 2020, the U.S. Department of Housing and Urban Development (HUD) issued its final rule on the implementation of the Fair Housing Act’s disparate impact standard. The Fair Housing Act (FHA) prohibits...more

Fox Rothschild LLP

Supreme Court Expands Employment Anti-Discrimination Laws To Protect The LGBTQ Community. Fair Housing Is Likely Next.

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In a decision which will likely expand the scope of the federal Fair Housing Act (FHA) by analogy, the U.S. Supreme Court concluded earlier today that a 1960’s era civil rights statute protects gay and transgender workers. By...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

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Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Fox Rothschild LLP

Supreme Court To Answer Question If Sexual Orientation Is Covered Under The Civil Rights Laws

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In a series of three cases accepted for review earlier today, the U.S. Supreme Court will likely answer a question in 2020 that will likely impact our federal Fair Housing Act (FHA) and how one of its protected classes –...more

Morrison & Foerster LLP

HUD to Reconsider Disparate Impact Rule

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The U.S. Department of Housing and Urban Development (HUD) announced that it will “shortly” seek public comment on whether its controversial disparate impact rule is consistent with the Supreme Court’s Inclusive Communities...more

Manatt, Phelps & Phillips, LLP

Financial Litigation Roundup: Key Federal Rulings in 2017

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In case you missed it, here is our list of the most significant financial services rulings in 2017 from the Supreme Court of the United States and major federal appellate courts. While there were no decisions of overwhelming...more

Bradley Arant Boult Cummings LLP

Would the 7th Circuit Have Changed Its FCA Standard but for Peer Pressure?

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The Seventh Circuit finally abandoned its “but-for” causation standard for False Claims Act (FCA) damages. The decision comes 25 years after the Seventh Circuit first adopted its controversial standard requiring only a...more

Baker Donelson

Living with the Robust Causality Requirement for Disparate Impact Under the Fair Housing Act

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Two recent decisions from the Ninth Circuit Court of Appeals shine some light on the issue related to the United States Supreme Court's 2015 decision that under the Fair Housing Act recognized a right to seek disparate impact...more

Hinshaw & Culbertson LLP

City of Miami Gets Green Light on Standing to Challenge Predatory Lending Practices Under the FHA

Hinshaw & Culbertson LLP on

By a 5-3 vote, the U.S. Supreme Court recently ruled that under the Fair Housing Act ("FHA") the City of Miami has standing to sue two banks for predatory lending practices which negatively affect racial integration and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court 2016-17 Recap

Skadden, Arps, Slate, Meagher & Flom LLP on

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

Holland & Knight LLP

Religious Institutions Update: June 2017

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Timely Topics - The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. The lawsuit concerns whether the daycare operated by a Missouri church may qualify...more

Nutter McClennen & Fish LLP

Nutter Bank Report, May 2017

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Supreme Court Rules That Cities Can Sue Lenders Under the Fair Housing Act - The U.S. Supreme Court has issued a decision that reaffirms the standing of municipalities to sue lenders, including banks, for certain...more

Best Best & Krieger LLP

Cities Can Sue Banks for Predatory Lending, U.S. Supreme Court Says

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While the nationwide economy has steadily improved since the recession, many cities are still clawing their way back to financial stability. California, in particular, was hit hard by the foreclosure crisis, leaving cities in...more

Best Best & Krieger LLP

U.S. Supreme Court Sides with Cities, Allowing Lawsuits Against Banks for Fair Housing Act Violations - Bank of America v. City of...

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The U.S. Supreme Court has given the City of Miami the go-ahead to sue banks under the Fair Housing Act for alleged racially discriminatory lending practices that resulted in increased foreclosures and fiscal harm to the...more

Hinshaw & Culbertson LLP

Supreme Court Watch: Cities CAN Sue Banks for Predatory Lending

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Over the last ten years, cities like Miami, Florida have experienced a decrease in property tax revenues, an increase in demand for police, fire and other municipal services, and an increase in foreclosures and vacancies,...more

Ballard Spahr LLP

Supreme Court Rules that Cities Can Sue Banks for Predatory/Discriminatory Lending

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The U.S. Supreme Court has ruled, by a 5-3 majority, that the city of Miami was authorized to bring lawsuits based on allegations that banks engaged in financial-crisis-era discriminatory lending. The city alleged that the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Bank of America Corp. v. Miami

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On May 1, 2017, the Supreme Court of the United States decided Bank of America Corp. v. City of Miami, No. 15-1111, holding (1) that a city qualifies as an “aggrieved person” able to bring suit under the Fair Housing Act, but...more

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