News & Analysis as of

Department of Housing and Urban Development Fair Housing Act (FHA) Housing Discrimination

Ballard Spahr LLP

HUD Charges Appraiser, Appraisal Management Company, and Lender with Race Discrimination

Ballard Spahr LLP on

The Department of Housing and Urban Development (HUD) recently charged multiple entities with housing discrimination based on an asserted biased appraisal and denial of a mortgage refinance loan application based on the...more

Ballard Spahr LLP

HUD Enters Conciliation Agreement with the Appraisal Foundation to Curb Discrimination in the Industry

Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) announced that it has entered into an historic Conciliation Agreement (Agreement) with The Appraisal Foundation (TAF), an organization responsible for setting...more

Troutman Pepper

HUD Issues Guidance on Applicability of the Fair Housing Act to Tenant Screening and Housing-Related Advertising That Relies Upon...

Troutman Pepper on

On May 2, the U.S. Department of Housing and Urban Development (HUD) released two sets of guidance addressing the applicability of the Fair Housing Act (FHA) to two areas where, in the agency’s view, algorithmic processes and...more

Hudson Cook, LLP

"Reducing Barriers to HUD-Assisted Housing": HUD NPR for Use of Criminal History in Tenant Screening and Termination At...

Hudson Cook, LLP on

Under a Department of Housing and Urban Development (HUD) proposed rule published April 10, new procedural protections would apply to criminal history screening of rental applicants to HUD-assisted housing....more

Jackson Lewis P.C.

Fair Housing Training: Key Real Estate Industry Compliance Tool to Raise Awareness, Enhance Communication

Jackson Lewis P.C. on

Property management, real estate brokerages, agents, their employees, and others involved in the real estate industry should consider implementing comprehensive fair housing training programs on a regular and consistent basis...more

Whitman Legal Solutions, LLC

Dialect Discrimination Violates the Fair Housing Act

Earlier this month, the Department of Housing and Urban Development (HUD) filed a Charge of Discrimination (Charge) alleging that landlord N. Clark LLC (Landlord) and its managing member Kathleen Cresson unlawfully...more

Orrick, Herrington & Sutcliffe LLP

Challenge to HUD fair housing rule denied

On September 19, the U.S. District Court for the District of Columbia denied a motion for summary judgment from the National Association of Mutual Insurance Companies arguing that the Department of Housing and Urban...more

Shumaker, Loop & Kendrick, LLP

Considerations on Criminal Background Checks & Tenancy Restrictions

Numerous condominiums and homeowner associations have Governing Documents, or rules and regulations that regulate leasing, including restriction to whom owners may rent. Many associations base their decisions on the results...more

Troutman Pepper

The Latest on HUD's Disparate Impact Rule - The Consumer Finance Podcast

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Please join Troutman Pepper Partner Chris Willis and his colleagues Lori Sommerfield and Leigh Poltrock as they discuss HUD's ever-changing disparate impact rule. Topics include an analysis of the rule's many versions over...more

Whitman Legal Solutions, LLC

Landlords Agree to $3 Million Settlement in California Housing Discrimination Case

Property manager Vasona Management, Inc., a (Manager) recently attempted to impose blanket prohibitions on children’s activities at nearly 50 California apartment complexes. The State of California Civil Rights Department...more

McGlinchey Stafford

HUD Restores 2013 Discriminatory Effects Rule

McGlinchey Stafford on

On March 17, 2023, in honor of Fair Housing Month, the U.S. Department of Housing and Urban Development (HUD) announced it would reinstate the 2013 discriminatory effects rule (the 2013 Rule) (see 24 C.F.R. § 100.500 (2014))...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

ArentFox Schiff

Reinstated HUD Rule Makes It Harder for Insurers To Defend Fair Housing Act Discrimination Claims

ArentFox Schiff on

On March 17, 2023, the US Department of Housing and Urban Development reinstated a 2013 discriminatory effects rule regarding liability under the Fair Housing Act (42 U.S.C. 3601 et seq.). In doing so, HUD rescinded a 2020...more

Goodwin

HUD Announces Final Rule Restoring 2013 Discriminatory Effects Standard

Goodwin on

On March 17, the U.S. Department of Housing and Urban Development (HUD) announced that it had submitted a Final Rule entitled Restoring HUD’s Discriminatory Effects Standard. The Rule reinstates HUD’s 2013 discriminatory...more

Ballard Spahr LLP

HUD Reinstates 2013 Fair Housing Act Disparate Impact Rule

Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) recently issued a final rule reinstating the 2013 version of its disparate impact rule under the Fair Housing Act (Act) to replace a version of the rule adopted by...more

Troutman Pepper

HUD Announces Restoration of 2013 Version of “Discriminatory Effects” Rule

Troutman Pepper on

On March 17, the U.S. Department of Housing and Urban Development (HUD) announced that it is rescinding its 2020 rule governing Fair Housing Act (FHA) disparate impact claims and restoring its 2013 discriminatory effects rule...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

Whitman Legal Solutions, LLC

HUD Rules Landlord Doesn’t Qualify for Mrs. Murphy Exemption

Mrs. Waters is much like the fictional Mrs. Murphy in the fair housing field – a widow who rents rooms in a small boarding house where she also resides. The Fair Housing Act (FHA) prohibits housing discrimination, but...more

Whitman Legal Solutions, LLC

What Documentation May a Landlord Require from a Tenant With an Assistance Animal?

Laws regarding service and emotional support animals can be confusing to property owners—and guidance can vary depending upon the type of animal and its function. For example, recently, the Department of Housing and Urban...more

Baker Donelson

"That's Not Fair" – What Does That Mean Under the Fair Housing Act?

Baker Donelson on

Who hasn't thought – "that's not fair"? Usually, those words come as an emotional reaction to a decision or position someone makes that we disagree with. It may be due to a rule, policy, or procedure that we find oppressive,...more

Troutman Pepper

HUD Proposes Reviving Discriminatory Effects Standard for FHA Claims

Troutman Pepper on

On June 25, the latest edition of the Federal Register included a proposal from the Department of Housing and Urban Development (HUD or Department) to bring back the “Implementation of the Fair Housing Act’s Discriminatory...more

ArentFox Schiff

HUD Will Once Again Subject Homeowners Insurers To Discriminatory Effects Scrutiny

ArentFox Schiff on

On June 25 the federal Department of Housing and Urban Development announced that it would re-codify its 2013 regulation subjecting the practices and policies of homeowners insurers to scrutiny under a disparate impact...more

Bradley Arant Boult Cummings LLP

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

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

Ballard Spahr LLP

HUD Issues Charge of Discrimination Against Mortgage Modification Companies

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The U.S. Department of Housing and Urban Development (HUD) recently issued a charge of discrimination under the Fair Housing Act (Act) against Louis Liberty & Associates, a PLC dba The House Lawyer, Liberty & Associates, a...more

Whitman Legal Solutions, LLC

April is Fair Housing Month

Redlining was a part of the New Deal designed to support government insurance of home mortgages to encourage homeownership. Redlined areas were deemed too risky for mortgages in that area to be insured. Most redlined...more

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