John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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NY Attorney General Files Redlining Lawsuit Alleging Mortgage Discrimination

The New York Attorney General filed a complaint this week in a New York federal court against a national bank headquartered in the state and its holding company alleging that the defendants violated the federal Fair Housing...more

9/5/2014 - Attorney Generals Bank Holding Company Banks Discrimination Disparate Impact DOJ FHA HMDA Mortgages Redlining

Disparate Impact to Supreme Court Again?

Yet another Fair Housing Act disparate impact case may find its way to the U.S. Supreme Court. After losing on appeal at the Fifth Circuit in March, the Texas Department of Housing and Community Affairs (Texas DHCA) recently...more

6/2/2014 - Appeals Certiorari Disparate Impact Fair Housing Fair Housing Act HUD SCOTUS Section 8 Tax Credits

DOJ Settles Fair Lending Case against Auto Dealer

The U.S. Department of Justice (DOJ) recently settled a fair lending lawsuit against Union Auto Sales, Inc., a California automobile dealer. This means that, once again, a DOJ attempt to use disparate impact evidence to...more

9/24/2013 - Car Dealerships Discrimination Disparate Impact DOJ Fair Lending Settlement

CFPB issues ECOA baseline review procedures for examiners

The CFPB has issued “ECOA Baseline Review Procedures” to be used by its examiners. (The CFPB has labeled the procedures “guidance” and did not add them to its Supervision and Examination Manual.)...more

7/30/2013 - CFPB Disparate Impact ECOA Fair Lending HMDA

Supreme Court Agrees Again To Decide Critical Disparate Impact Questions under the Fair Housing Act

The question of whether plaintiffs suing under the Fair Housing Act may bring disparate impact claims is back on the U.S. Supreme Court's docket as a result of the Court's decision today to grant certiorari in Mount Holly v....more

6/17/2013 - CFPB Discrimination Disparate Impact ECOA Fair Lending FHA Redevelopment SCOTUS

Decision on Mt. Holly cert petition expected on Monday

On Monday, June 17, we expect the U.S. Supreme Court to announce whether it will grant the petition for certiorari in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. The petition is among the certiorari...more

6/13/2013 - Disparate Impact FHA HUD Mount Holly SCOTUS

DOJ Settles Another ‘Pattern or Practice’ Fair Lending Case

The U.S. Department of Justice (DOJ) recently settled a fair lending lawsuit against Texas Champion Bank. This means that, once again, a DOJ attempt to use disparate impact evidence to establish that a lender engaged in a...more

2/21/2013 - Consumer Lenders Discrimination Disparate Impact DOJ ECOA Fair Lending National Origin Pattern or Practice Settlement Uniform Pricing

HUD Issues Final ‘Discriminatory Effects’ Rule

The Department of Housing and Urban Development has issued a final rule that provides that if a practice has a "discriminatory effect," HUD or a private plaintiff can establish liability under the Fair Housing Act (FHA), even...more

2/13/2013 - Burden of Proof Discriminatory Effects Rule Disparate Impact FHA HUD

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