Header graphic for print
MoFo Reenforcement The Enforcement Blog

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 Act Protections for Persons with Limited English Proficiency” (the Guidance) addresses liability for both intentional discrimination and practices that have a disparate impact. While the primary focus is potential discrimination in renting a dwelling, the Guidance also discusses mortgage loan transactions.

Read our client alert.