Administrative Law, Residential Real Estate, Civil Rights

Proposed “Homeless Person’s Bill Of Rights And Fairness Act” Will Have Huge Impact On Government And Business

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 1/17/2013

California’s Unruh Civil Rights Act, Civil Code Section 51, generally provides that all persons within California are free and equal, regardless of their sex, race, color, religion, ancestry, national origin, disability,...more

HUD Obtains First Settlement Under Rule Requiring Sexual Orientation And Gender Identity Equal Access

by BuckleySandler LLP on 1/14/2013

On January 2, HUD announced that a lender agreed to settle a claim that it refused to provide FHA financing to a lesbian couple. HUD noted that the agreement is the first enforcement action taken under a rule finalized in...more

Fair Housing Group Accuses Insurance Company Of Redlining

by BuckleySandler LLP on 1/9/2013

On December 21, the National Fair Housing Alliance (NFHA) announced that it filed with HUD a housing discrimination complaint against a major insurance company regarding the offering of hazard insurance in a certain...more

Can ‘Disparate Impact’ Become the Basis for a Fair-Lending Claim?

by Jeff Ifrah on 1/2/2013

As part of its aggressive program to protect consumers in financial matters, the Consumer Protection Financial Bureau (CFPB) has announced that it is prepared to adopt a controversial “disparate impact” theory of liability...more

Cities Act To Protect LGBT Citizens When States Won’t

by Aaron Kase | Lawyers.com on 12/17/2012

The city council of Boise, Idaho voted this month to extend anti-discrimination protections for sexual orientation and gender identity in housing, employment and public accommodations to its residents, the second city to...more

New California Employment Laws Signed by Governor Brown

by Manatt, Phelps & Phillips, LLP on 10/15/2012

On September 30, 2012, Governor Jerry Brown signed into law several bills applicable to California employers that were passed by the Legislature during its 2011-2012 regular session. We are providing this brief summary to...more

Legislators Accuse Assistant AG of Inappropriate Interference in Disparate Impact Case

by BuckleySandler LLP on 10/1/2012

On September 24, Representatives Lamar Smith (R-TX), Patrick McHenry (R-NC), and Darrell Issa (R-CA), along with Senator Charles Grassley (R-IA), sent a letter to U.S. Attorney General Eric Holder alleging that Assistant...more

Damned if You Do, Damned if You Don't: Origination of "Qualified" Residential Mortgages May Trigger Disparate Impact Fair Lending...

by Dechert LLP on 9/28/2012

Federal fair lending laws prohibit discrimination in credit transactions. The Equal Credit Opportunity Act (“ECOA”) and the Fair Housing Act prohibit discrimination in mortgage lending on the basis of certain factors...more

Massachusetts Federal Court Reverses Prior Certification of Class in Fair Lending Case

by BuckleySandler LLP on 9/27/2012

On September 18, the U.S. District Court for the District of Massachusetts decertified a class of borrowers who allege that their mortgage lender violated the Equal Credit Opportunity Act and the Fair Housing Act by allowing...more

FFIEC Releases 2011 HMDA Data

by BuckleySandler LLP on 9/27/2012

On September 18, the Federal Financial Institutions Examination Council (FFIEC) released data collected in 2011 under the Home Mortgage Disclosure Act (HMDA)....more

U.S. Department of Justice Turns Spotlight on Disparate Impact Discrimination Claims

by Dechert LLP on 9/20/2012

Fair lending is back with a giant thud! In addition to the regulatory burdens imposed by the Dodd-Frank Act, financial institutions must now adjust to the potential of a new round of discrimination claims that are...more

DOJ Settles Fair Housing Disparate Impact Suit

by BuckleySandler LLP on 9/5/2012

On August 27, the U.S. District Court for the Southern District of New York approved a settlement between the DOJ and GFI Mortgage Bankers, Inc., a nonbank mortgage lender, resolving allegations that certain of the lender’s...more

Fannie Mae Issues Multiple Servicing Announcements

by BuckleySandler LLP on 8/13/2012

On August 8, Fannie Mae issued three servicing announcements. The first, Announcement SVC-2012-13, reminds servicers that under the Housing and Economic Recovery Act, Fannie Mae must promote diversity through (i) the...more

District of Columbia Launches Fair Housing Enforcement Campaign

by Ballard Spahr LLP on 7/20/2012

The Office of Human Rights for the District of Columbia recently announced a new advertising campaign to educate residents about anti-discrimination laws related to housing. The campaign seeks to expand awareness and educate...more

DOJ Finalizes Settlement Over Bank’s Mortgage Lending Practices

by BuckleySandler LLP on 7/16/2012

On July 12, the DOJ announced a settlement with a national bank to resolve allegations that the bank engaged in a pattern or practice of discrimination against qualified African-American and Hispanic borrowers in its mortgage...more

Supreme Court Asked to Hear New Case Involving Disparate Impact Claims Under the Fair Housing Act

by BuckleySandler LLP on 6/26/2012

On June 11, the New Jersey Township of Mount Holly petitioned the U.S. Supreme Court to hear a case involving the use of disparate impact claims under the Fair Housing Act. Specifically, Mount Holly asks the Court to...more

Will Mount Holly go the distance where Saint Paul did not?

by Ballard Spahr LLP on 6/22/2012

The Township of Mount Holly, New Jersey has filed a petition for certiorari in the U.S. Supreme Court raising the issue of whether disparate impact claims are available under the Fair Housing Act. You can see a copy of the...more

Justice Department Extends Deadline for Swimming Pool Compliance Accessibility under the Americans With Disabilities Act

by Trenam Kemker on 6/18/2012

Hotel and resort owners are keenly interested in the Americans With Disabilities Act of 1990 (ADA), because of its multiple requirements for removing accessibility barriers that hinder disabled persons from use of...more

HUD Proposal Would Impose “Disparate Impact” Regulation on Property Insurance

by K&L Gates LLP on 6/11/2012

Originally published in Washington Legal Foundation, Legal Backgrounder, Vol. 27 No. 11 on June 8, 2012. The U.S Department of Housing and Urban Development (HUD) has proposed a Fair Housing Act rule that would increase...more

Housing Discrimination Rampant Against Immigrants and Others

by Lawyers.com on 5/14/2012

A new survey released last week shows that immigrants, the disabled, and families with children aren’t welcome some places. Immigrants face the greatest hardships in finding legal recourse for housing discrimination,...more

Mortgage Insurer Settles DOJ Discrimination Suit

by Ballard Spahr LLP on 5/4/2012

The U.S. Department of Justice recently announced the settlement of a Fair Housing Act lawsuit against the Mortgage Guaranty Insurance Corporation (MGIC), which the DOJ described as “the department’s first involving...more

NFHA Files Second REO Administrative Complaint

by BuckleySandler LLP on 4/25/2012

On April 17, the National Fair Housing Alliance and certain of its member organizations (collectively NFHA) filed an administrative complaint with the Department of Housing and Urban Development alleging discriminatory...more

Fair Housing Groups File First REO Complaint

by BuckleySandler LLP on 4/13/2012

Last week we posted about plans by the National Fair Housing Alliance and certain of its member organizations to file administrative complaints and/or lawsuits against multiple financial institutions for alleged...more

Massachusetts Transgender Equal Rights Bill

by Partridge Snow & Hahn LLP on 4/12/2012

Govenor Patrick recently signed into law “An Act Relative to Gender Identity”. The Act prohibits discrimination on the basis of gender identity in a variety of areas, including education, housing, credit and employment. ...more

Housing Groups Plan Multiple Fair Housing Act Complaints, Release Report on REO Property Maintenance

by BuckleySandler LLP on 4/9/2012

According to reports, the National Fair Housing Alliance and several of its member organizations (collectively NFHA) indicated this week that they plan to take legal action against multiple financial institutions for alleged...more

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Administrative Law › Residential Real Estate › Civil Rights