Civil Rights › Civil Procedure › Residential Real Estate

American Bankers Association Real Estate Lending Conference - Qualified Mortgages: A Sea Change For Mortgage Lenders

In This Presentation: - The Qualified Mortgage (QM) Rule - Small Creditor QM Proposal - The Ability-to-Repay (ATR) Rule: What It Says and What It Means - Liability for Failure to Comply with the ATR and QM...more

HUD's Final Rule on Fair Housing Act Liability Explained in New Dechert OnPoint

February has certainly been a big month for federal agencies to issue long-awaited final rules. The latest agency to throw its hat into the ring is the U.S. Department of Housing and Urban Development, which recently codified...more

U.S. Department of Housing and Urban Development Issues Final Rule Affirming Use of Disparate Impact to Establish Liability for...

The U.S. Department of Housing and Urban Development (“HUD”) issued a final rule (“Rule”) on February 8, 2013, which provides additional support to potential government and private plaintiffs seeking to challenge “facially...more

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

HUD Issues Aggressive New Fair Housing Rule

The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule — which it plans to apply retroactively — is simply a codification of its...more

Virginia Federal Court Applies Continuing Violation Theory To Extend FHA Statute Of Limitations

On January 29, the U.S. District Court for the Western District of Virginia invoked the continuing violation theory in refusing to bar an otherwise untimely Fair Housing Act discrimination claim. Nat’l Fair Hous. Alliance,...more

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

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

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

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?

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

Parties Agree to Dismiss Fair Housing Act “Disparate Impact” Case Pending Before the Supreme Court

In November, the Supreme Court of the United States agreed to decide whether “disparate impact” claims are cognizable under the federal Fair Housing Act and, if so, how such claims should be analyzed. The case...more

Infobytes Special Alert: Petitioners Withdraw Major Fair Housing Case Pending Before U.S. Supreme Court

On February 10, the parties in a major fair housing case under review by the U.S. Supreme Court requested that the Court dismiss the case. As reported previously by BuckleySandler, the City of St. Paul, Minnesota withdrew...more

MAP Act 90-Day Statute of Limitations Applies to Ordinances Adopted Under Authority of the Act

Plaintiffs were owners of condominium units designated "Below Market Rate" ("BMR") under the BMR Condominium Conversion Program created by the City and County of San Francisco ("City") under the authority of the Subdivision...more

"Recent Supreme Court Actions Likely to Affect Fair Lending 'Disparate Impact' Litigation and Enforcement"

Judges, practitioners and academics have debated for a number of years whether the legal theory of “disparate impact” discrimination, which the Supreme Court first articulated in the employment discrimination context, can be...more

InfoBytes Special Alert: HUD Issues Proposed Disparate Impact Rule

On November 15, the U.S. Department of Housing and Urban Development ("HUD") issued a proposed rule interpreting the Fair Housing Act (the "FHA") as authorizing so-called "disparate impact" or "effects test" claims. If...more

Corboy v. Louie

Brief Amicus Curiae Of Pacific Legal Foundation, CATO Institute, et al., In Support Of Petitioners

Hawaii continues to think that it's not quite part of the United States and thus not fully subject to U.S. law. In the 2000 case of Rice v. Cayetano, the Supreme Court struck down race-based voting requirements for certain...more

Fee Award is Overturned in Alleged Housing Discrimination Matter

In Department of Fair Employment and Housing v. Mayr, 2011 DJDAR 2265 (2011), the California Court of Appeal for the Sixth Appellate District decided a unique attorney fee case in an alleged housing discrimination...more

Kubicki v Mortgage Electronic Registration Systems et al.

County Sheriff May Appoint Special Deputies by Written Agreement to Execute Foreclosures

In this case, the Michigan Court of Appeals found nothing improper in a signed agreement by a county sheriff and a process serving company wherein the president of the process serving company was appointed a special deputy...more

After you buy a property .......

Purchase of immovable property comprises various steps, broadly categorised as post and pre-registration. Here are few measures the purchaser is required to take after purchase of the...more

Weekly Law Resume - October 14, 2010: Unruh Act - Tenant Unable to Establish Unruh Claim Against Apartment Owner and Manager

Ramirez v. Wong Court of Appeal, Second District (October 6, 2010) The attraction for Unruh Civil Rights claims by plaintiffs is the ability to recover attorneys' fees, along with the potential for an award of penalties...more

Insurance Companies Beware: Recent West Virginia High Court Ruling May "Unleash a Flood of Lawsuits"

Since 2005, insurers operating in West Virginia have been able to rest a bit more easily knowing that so-called third-party bad faith or Jenkins claims had been eliminated by amendments to the West Virginia Unfair Trade...more

County of Kauai ex rel. Nakazawa v. Baptiste

Reply Brief for the Appellants

...more

County of Kauai ex rel. Nakazawa v. Baptiste

Opening Brief of Appellants

...more