Civil Rights Residential Real Estate Administrative Agency

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Mt. Holly Gardens files merits brief

Although settlement discussions are continuing, the respondents in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., filed their merits brief with the U.S. Supreme Court on October 21. (The Township’s...more

Insurance Trades Challenge HUD Disparate Impact Rule

On June 26, two insurance associations filed a lawsuit challenging a rule promulgated earlier this year by HUD that authorizes so-called “disparate impact” or “effects test” claims under the Fair Housing Act....more

Petitioners in Mt. Holly file brief in Supreme Court responding to Solicitor General

The Township of Mount Holly and other petitioners for certiorari in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. filed a brief on May 24, 2013 in the U.S. Supreme Court replying to the brief filed by...more

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

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

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

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?

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

New California Employment Laws Signed by Governor Brown

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

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...

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

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

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

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

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

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

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

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

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

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

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

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

Mortgage Insurer Settles DOJ Discrimination Suit

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

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

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

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

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