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Tag Archives: Fair Housing Act (FHA)

HUD Releases New Guidance on Limited English Proficiency Discrimination Under the Fair Housing Act

Posted in Disparate Impact, Fair Lending, Mortgage

On September 15, 2016, the U.S. Department of Housing and Urban Development issued guidance on how the nondiscrimination provisions in the Fair Housing Act apply to persons who consider an individual’s “Limited English Proficiency,” or limited ability to speak, read, write, or understand English, in housing transactions. The “Office of General Counsel Guidance on Fair Housing… Read More

CFPB Brings Long-Anticipated First Redlining Enforcement Action – New Approach to Redlining Analysis Is Put into Action

Posted in CFPB, Enforcement Actions, Fair Lending, Mortgage

On September 24, 2015, the CFPB and DOJ announced a joint action against Hudson City Savings Bank for allegedly discriminatory redlining practices from 2009 through 2013 in certain neighborhoods in New York, New Jersey, Connecticut, and Pennsylvania in violation of the Equal Credit Opportunity Act and the Fair Housing Act. Over the past few months,… Read More

Disparate Impact Doctrine Survives Supreme Court Review

Posted in Disparate Impact

After years of debate and false starts, the Supreme Court has held that the Fair Housing Act (“FHA”) permits disparate impact claims.  In Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., No. 13-1371, 576 U.S. __ (2015), a divided Court held that specific language in the statute permits plaintiffs to challenge… Read More

Breaking News: Supreme Court Upholds Inclusive Communities Disparate Impact Decision

Posted in Disparate Impact

The Supreme Court of the United States released the following opinion this morning: Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., No. 13-1371 The Court affirmed the judgment of the Fifth Circuit and held that disparate impact claims are cognizable under the Fair Housing Act.  The opinion is available here. Stay… Read More

This Time’s the Charm? Supreme Court Takes Up Third Disparate Impact Case

Posted in Disparate Impact, Fair Lending

On October 2, 2014, the Supreme Court granted certiorari in Inclusive Communities Project, Inc. v. Texas Department of Housing and Community Affairs, No. 13-1371, to decide whether disparate impact claims are cognizable under the Fair Housing Act (FHA). Of interest, the Court declined to grant cert. on the question of the appropriate standard for evaluating… Read More