News & Analysis as of

Affordable Housing Fair Housing Act (FHA)

Arnall Golden Gregory LLP

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

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

Mandelbaum Barrett PC

New Jersey Introduces Accelerated Depreciation for Affordable Housing

Mandelbaum Barrett PC on

In a bid to incentivize the development of affordable housing, New Jersey has implemented a significant policy change. Effective from the tax year beginning on January 1, 2025, the state now offers accelerated depreciation...more

Bradley Arant Boult Cummings LLP

HUD’s Federal Flood Risk Management Standard Final Rule to Help Communities Reduce Flood Damage, but Tradeoffs Draw Criticism

On April 22, 2024, the Department of Housing and Urban Development (HUD) published its final rule regarding updated flood insurance requirements in certain areas of the country: Floodplain Management and Protection of...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Enacts Landmark Legislation to Overhaul Affordable Housing Laws

On March 20, 2024, New Jersey enacted legislation which substantially revises the Fair Housing Act governing housing for low-income and moderate-income families in New Jersey. The new law is intended to streamline compliance...more

Burr & Forman

HUD Clarifies Standard Applicable to “Discriminatory Effects” Claims Under Fair Housing Act

Burr & Forman on

Under the Fair Housing Act, it is unlawful for a seller, lessor, or financier of housing to discriminate based on race, color, religion, sex (including sexual orientation and gender identity), disability, familial status, or...more

Perkins Coie

Denial of Affordable Housing Project Violated Both Streamlining Statute and Housing Accountability Act

Perkins Coie on

A trial court had jurisdiction to find that a denial of a permit application violated the Housing Accountability Act (HAA) on remand, even though the Court of Appeal did not expressly instruct the trial court to address the...more

Orrick, Herrington & Sutcliffe LLP

HUD proposes streamlined AFFH rule

Recently, HUD announced plans to publish a notice of proposed rulemaking (NPRM) entitled “Affirmatively Furthering Fair Housing” (AFFH). The new rule will update a 2015 final rule that was intended to implement the Fair...more

Hudson Cook, LLP

CFPB Bites of the Month - 2022 Annual Review - Mortgage

Hudson Cook, LLP on

In this article, we share a timeline of our monthly "bites" for 2022 applicable to the Mortgage industry. So, what happened in 2022?...more

Allen Matkins

Sustainable Development and Land Use Update - April 2021 #2

Allen Matkins on

Biden administration to reinstate fair-housing policies, including one designed to combat residential segregation - MarketWatch – April 13 - The Biden administration commenced efforts to roll back changes to two key...more

Goodwin

CFPB Issues Report on Housing Insecurity and COVID-19

Goodwin on

On March 1, 2021, the Consumer Financial Protection Bureau (CFPB) issued a report titled “Housing Insecurity and the COVID-19 Pandemic” (the Report), which summarizes some of the relevant data and research on the impact of...more

Bradley Arant Boult Cummings LLP

HUD Issues Final Rule Redefining the Standard for Fair Housing Disparate Impact Discrimination Claims

On Sept. 3, 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 discrimination in...more

Fox Rothschild LLP

HUD Files Familial Status Discrimination Charge Against The City Of Arlington, Texas

Fox Rothschild LLP on

In a charge that demonstrates the perils of acting even in what is perceived to solve a need, the City of Arlington, Texas has now been sued by the U.S. Department of Housing & Urban Development (HUD) related to their efforts...more

Ballard Spahr LLP

HUD issues final rule revising its FHA disparate impact standards to reflect SCOTUS Inclusive Communities decision

Ballard Spahr LLP on

On September 4, 2020, the Department of Housing and Urban Development (“HUD”) issued a final rule revising its 2013 Fair Housing Act (“FHA”) disparate impact standards (“2013 Rule”) to reflect the U.S. Supreme Court’s 2015...more

Lowndes

HUD’s Revised Rule Makes “Disparate Impact” Claims Under the Fair Housing Act More Difficult

Lowndes on

Late last week, the U.S. Department of Housing and Urban Development issued its final order relating to claims of “disparate impact” under the Fair Housing Act. Under the theory of disparate impact, the Fair Housing Act can...more

Ballard Spahr LLP

Treatment of models under HUD’s proposed disparate impact rule: our thoughts

Ballard Spahr LLP on

In its proposed disparate impact rule published in today’s Federal Register, HUD sets forth a framework for making (and defending against) claims of disparate impact under the Fair Housing Act.  In this blog post, we take a...more

Ballard Spahr LLP

HUD publishes proposed revisions to disparate impact rule

Ballard Spahr LLP on

HUD’s proposed revisions to its disparate impact rule were published in today’s Federal Register.  Comments on the proposal are due on or before October 18, 2019. ...more

Bradley Arant Boult Cummings LLP

HUD Proposed Rule Demands More Disparate and More Impact to Establish Disparate Impact Liability

The United States Department of Housing and Urban Development (HUD) released a sweeping proposed rule on August 1 seeking to amend HUD’s interpretation of the Fair Housing Act’s disparate impact standard. According to HUD,...more

Ballard Spahr LLP

Proposed changes to HUD disparate impact rule would create new burden-shifting framework to reflect Inclusive Communities

Ballard Spahr LLP on

The Department of Housing and Urban Development is expected to soon release proposed revisions to its 2013 rule under which HUD or a private plaintiff can establish liability under the Fair Housing Act (FHA) for...more

Orrick - Finance 20/20

FHA Expands Pilot Program to Accelerate Financing of Low-Income Housing Tax Credit Projects

On February 21, U.S. Housing and Urban Development (HUD) Secretary Ben Carson announced a significant expansion of a Federal Housing Administration (FHA) pilot program that streamlines FHA mortgage insurance applications for...more

Ballard Spahr LLP

Will HUD propose a revised disparate impact rule by December 18?

Ballard Spahr LLP on

In June 2018, HUD issued an advance notice of proposed rulemaking (ANPR) seeking comment on whether its 2013 Fair Housing Act disparate impact rule (Rule) should be revised in light of the U.S. Supreme Court’s 2015 Inclusive...more

Ballard Spahr LLP

HUD Seeks Comment on Disparate Impact Rule

Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) has issued an advance notice of proposed rulemaking (ANPR) seeking comment on whether its 2013 Disparate Impact Rule (Rule) should be revised in light of the 2015...more

Ballard Spahr LLP

HUD Reconsiders 2013 Disparate Impact Final Rule

Ballard Spahr LLP on

Yesterday, HUD issued an advanced notice of proposed rulemaking requesting public comments to its 2013 Final Rule which implemented the Fair Housing Act’s disparate impact standard. ...more

Morrison & Foerster LLP

HUD to Reconsider Disparate Impact Rule

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

Fox Rothschild LLP

Road Block Lifted: Affordable Housing Actions Will Proceed In NJ Post Mercer Decision

Fox Rothschild LLP on

New Jersey towns can no longer hide behind the stalled Mount Laurel process. On March 8, 2018, Judge Mary Jacobson established the methodology that judges will rely upon to calculate a town’s affordable housing obligation...more

Fox Rothschild LLP

HUD Resolves Fair Housing Case Against The State Of Maryland For $225,000

Fox Rothschild LLP on

Pursuant to an agreement announced last week, the U.S. Department of Housing and Urban Development (HUD) announced that it resolved a discrimination complaint filed by local housing advocacy groups against Maryland’s...more

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