News & Analysis as of

Affordable Housing Race Discrimination

Ballard Spahr LLP

Acting Comptroller Hsu Highlights Latest Efforts of OCC in Elevating Financial Fairness

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On April 4, acting Comptroller of the Currency Michael J. Hsu provided his remarks for the second year in a row at the Just Economy Conference hosted by the National Community Reinvestment Coalition. He focused his remarks on...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

Lowndes

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

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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

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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

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HUD publishes proposed revisions to disparate impact rule

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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

Ballard Spahr LLP

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

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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

Ballard Spahr LLP

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

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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

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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

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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

Pullman & Comley, LLC

HUD Advocates Broad “Disparate Impact” Liability for P&C Insurers

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In February 2013, the U.S. Department of Housing and Urban Development adopted a “Discriminatory Effects Rule,” which established liability under the Fair Housing Act for conduct that is otherwise lawful, but which has a...more

Ballard Spahr LLP

District Court Dismisses Disparate Impact Claims in Texas

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After several years of litigation, the U.S. District Court for the Northern District of Texas recently dismissed disparate impact claims filed against the Texas Department of Housing and Community Affairs (TDHCA) in the fair...more

Ballard Spahr LLP

District Court Dismisses Disparate Impact Claim of Inclusive Communities

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A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more

Ballard Spahr LLP

Northern Texas District Court Dismisses Fair Housing Disparate Impact Claim

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A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more

Lowndes

Do Your Housing Policies Expose You to Liability?

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The Fair Housing Act prohibits discrimination in housing rental or conditions based upon protected classes, such as race, sex, religion, and, importantly, familial status. In assessing whether a housing provider...more

WilmerHale

High Court Inclusive Communities Ruling: 1 Year Later

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Last summer the U.S. Supreme Court issued its much-anticipated decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project,[1] holding that disparate impact discrimination claims are...more

Manatt, Phelps & Phillips, LLP

Landmark Discrimination Case: Fair Housing Act Thwarts NIMBYs - Avenue 6E Investments, LLC v. City of Yuma (March 25, 2016)

Why It Matters: The Ninth Circuit Court of Appeals reversed a decision in favor of the City of Yuma, Arizona, and concluded instead that there was sufficient evidence to present to a jury that the City had rejected the...more

Ballard Spahr LLP

Massachusetts High Court Examines Disparate Impact Theory in Light of Recent Supreme Court Decision

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A ruling last week by Massachusetts' highest state court demonstrates courts' vigorous examination of disparate impact housing claims in light of recent judicial guidance, as well as the type of proactive measures property...more

Ballard Spahr LLP

Industry Trade Groups Renew Challenge to HUD Disparate Impact Rule

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Two industry trade associations whose members sell homeowners insurance have been granted leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule (Rule) adopted by the...more

Dorsey & Whitney LLP

New York City Defends its Community Preference Policy

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Introduction - On October 2, 2015, the City of New York moved to dismiss a lawsuit accusing the City of unlawfully perpetuating racial segregation in the housing industry. See Janell Winfield, et al. v. City of New...more

Dorsey & Whitney LLP

Five Surprising Facts About the Inclusive Communities Case

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In the Supreme Court’s recent, landmark decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the Court held that, while disparate...more

Pullman & Comley, LLC

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 3 of 3)

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This is the final article of a three-part series about two recent decisions by federal courts in Connecticut and California: Viens v. America Empire Surplus Lines Ins. Co., No. 3:14cv952 (D. Conn. June 23, 2015), and Jones v....more

Pullman & Comley, LLC

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 2 of 3)

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This is the second article of a three-part series about two recent decisions by federal courts in Connecticut and California: Viens v. America Empire Surplus Lines Ins. Co., No. 3:14cv952 (D. Conn. June 23, 2015), and Jones...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Affirms FHA Disparate Impact Claims

Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more

Dorsey & Whitney LLP

The U.S. Supreme Court’s Decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc.

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In Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the U.S. Supreme Court, in a 5-4 decision, held that disparate impact discrimination...more

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