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Discrimination and Duty to Accommodate Disabled (Non-Compliant) Co-Op Member

In the recent case of Castlegreen Co-Operative Inc. v Carmichael, the court discussed the human rights issues at play when terminating the membership of disabled co-operative members....more

Condo Smoking Complaints

How far should the board go in accommodating unit owner complaints about smoking? In the case of Sharon MacKay v. Metropolitan Toronto Condominium Corp.2014, cigar smoke penetrated from one unit to the next and became...more

Mississippi Regulatory Compliance Group Quarterly Report Vol. 25 No.1

In This Report: - Resurgence of Redlining Scrutiny - Diversity, a New Requirement - Revisiting Red Flags - Know Before Your Owe - Questions About ATR and QM - MRCG Meeting – February 20,...more

Accommodating A Disabled Condominium Unit Owner

The Ontario Human Rights Code provides protections and rights to persons with disabilities. Where a condominium resident provides sufficient evidence that he or she suffers from a disability attracting the protection of the...more

HUD Settlement Resolves Fair Housing Act Allegations

On November 5, HUD released a Conciliation Agreement with a lender alleged to have discriminated against African-American and Hispanic borrowers seeking mortgage loans. In an administrative complaint filed following a review...more

Special Alert: Settlement In Key Fair Housing Case Moves Forward, Supreme Court Unlikely To Hear Appeal

Last night, the Mount Holly, New Jersey Township Council voted to approve a settlement agreement that will resolve the underlying claims at issue in a closely watched Fair Housing Act (FHA) appeal pending before the U.S....more

DOJ Settles Fair Lending Cases against Mortgage Lenders

The U.S. Department of Justice (DOJ) recently settled fair lending lawsuits against two mortgage lenders. Both actions involved DOJ attempts to use disparate impact evidence to establish that a lender engaged in a “pattern or...more

Mount Holly settlement update

Last night, the Mount Holly town council met to discuss the tentative settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. We understand that due to issues concerning the language of the...more

Special Alert: Agencies Issue Joint Statement On Fair Lending Compliance And The CFPB’s ATR/QM Rule

On October 22, the CFPB, the OCC, the FDIC, the Federal Reserve Board, and the NCUA (collectively, the Agencies) issued a joint statement (Interagency Statement) in response to inquiries from creditors concerning their...more

Justice Department Announces Three Fair Lending Actions

Recently, the DOJ released information regarding three fair lending actions, all three of which included allegations related to wholesale lending programs. On September 27, the DOJ announced separate actions—one against a...more

Disparate Impact Discrimination Remains in the Spotlight: Insurance Industry Trade Groups Challenge HUD’s Disparate Impact Rule

Two insurance industry trade groups, the American Insurance Association and the National Association of Mutual Insurance Companies, recently filed suit against the U.S. Department of Housing and Urban Development (HUD)...more

Rental Housing Mistake Limited the Number of Children at Properties

Recently, managers of rental homes settled with the U.S. Department of Justice (DOJ) after the managers discriminated against a woman with several children by unlawfully denying housing to the family....more

New York Federal District Court Holds FHA Disparate Impact Claims Against Mortgage Securitizer Timely, ECOA Claims Time-Barred

On July 25, the U.S. District Court for the Southern District of New York held that a putative class of African-American borrowers can pursue claims against a financial institution alleged to have financed and purchased...more

HUD Sets Stage For FCA Claims Against Fund Recipients

The Fair Housing Act requires agencies to administer their programs and activities relating to housing and urban development “affirmatively to further” fair housing. Recipients of U.S. Department of Housing and Urban...more

Condominium Liable For Failing To Provide A Parking Space To A Person With A Disability

We have previously written about the obligations the Ontario Human Rights Code places on condominium corporations....more

HUD Issues Proposed Rule for Affirmatively Furthering Fair Housing

The U.S. Department of Housing and Urban Development (HUD) released a proposed rule for complying with the Fair Housing Act’s requirement that HUD program participants affirmatively further fair housing....more

HUD Proposes Framework For Affirmatively Furthering Fair Housing, HUD Secretary Promises Increased Enforcement

On July 18, HUD released a proposed rule to refine the fair housing elements of the existing planning process that recipients of HUD funds – states, local governments, insular areas, and public housing agencies (Program...more

Condominium Law Alert: HUD and DOJ Expand Fair Housing Act Accessibility Requirements

The U.S. Department of Housing and Urban Development ("HUD") and the Department of Justice ("DOJ") recently released a joint statement providing guidance on the disability and accessibility requirements of the Fair Housing...more

Supreme Court Takes Up Landmark Disparate Impact Case, Again, Over U.S. Objections

On June 17, 2013, the Supreme Court granted certiorari in Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., No. 11-1507, to decide whether disparate impact claims are cognizable under the Fair Housing Act (“FHA”). It...more

Supreme Court grants cert (again) in FHA disparate impact case

Second time’s the charm? For the second time in less than two years, the U.S. Supreme Court granted certiorari today in a case that presents the question whether plaintiffs suing under the Fair Housing Act (FHA) may bring...more

U.S. Supreme Court Grants Cert. Petition Regarding Use Of Disparate Impact Analysis Under The Fair Housing Act

This morning, the U.S. Supreme Court granted certiorari in Township of Mount Holly, New Jersey, et al. v. Mt. Holly Gardens Citizens in Action, Inc., et al. (No. 11-1507)....more

HUD Announces REO Agreement With Bank, Fair Housing Organizations

On June 6, HUD announced an agreement to resolve an administrative complaint filed last year by the National Fair Housing Alliance (NFHA) and numerous individual fair housing organizations alleging that a national bank...more

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

Housing Counselor Survey Alleges Banks Fail To Comply With National Mortgage Settlement.

On April 3, a California borrower advocacy organization published the results of its survey of housing counselors, which the organization claims reveals that problems persist with the implementation of the national servicing...more

New Study Claims Mortgage Lenders Discriminate Against Women

On March 12, the Chicago-based Woodstock Institute released research claiming that mortgage lenders discriminate against female applicants. The research is presented in a “fact sheet” and previews a longer report the group...more

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