Residential Real Estate, Civil Rights

Solicitor General files brief opposing certiorari in Mt. Holly

by Alan S. Kaplinsky | Ballard Spahr LLP on 5/21/2013

Last week, the Solicitor General finally filed his brief expressing the views of the United States on whether the U.S. Supreme Court should grant the petition for certiorari pending in Township of Mount Holly v. Mt. Holly...more

Federal Court Determines That The Fair Housing Act Applies To University Housing

by Ellen Babbitt, Ellen Wetmore | Franczek Radelet P.C. on 4/24/2013

In United States of America v. University of Nebraska at Kearney, et al., the United States District Court for the District of Nebraska granted partial summary judgment against the University of Nebraska at Kearny in a case...more

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

by Robert H. Ledig, Thomas P. Vartanian | Dechert LLP on 4/16/2013

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.

by BuckleySandler LLP on 4/8/2013

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

by BuckleySandler LLP on 3/22/2013

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

Challenging The Condominium Association That Tried To Ban Judaism At The Door

by The Law Offices of Tacopina Seigel and... on 3/18/2013

This past April a Connecticut condominium association reversed its decision to prohibit Mezuzahs on the doorposts of residents' apartments. A Mezuzah is a Jewish religious article in the shape of a small rectangle, which...more

HUD Final Rule on Disparate Impact under the Fair Housing Act

by Melanie Brody, Andrew C. Glass, Paul Hancock, Tori K. Shinohara | K&L Gates LLP on 3/13/2013

On February 8, 2013, the Department of Housing and Urban Development (“HUD” or the “Department”) finalized its controversial discriminatory effects rule (the “final rule” or “discriminatory effects rule”), thus formalizing...more

Legal Update: New Legally Required Disclosures

by Xavier Gutierrez | Miller Starr Regalia on 3/12/2013

Starting July 1, 2013, you will be legally required to make the following additional disclosures in certain California real estate contracts and leases: Accessibility Compliance Disclosure: California Civil...more

HUD Launches Fair Housing Complaint Mobile Application

by BuckleySandler LLP on 3/11/2013

On February 28, HUD launched a mobile application for iPhone and iPad that will allow the public to learn about their housing rights and file housing discrimination complaints. The application will also inform the housing...more

Raising the Bar: HUD Issues New Rule Imposing More Demanding Standard for Defending Against Discrimination Claims Under the Fair...

by Bryan Merryman, Owen Pell, Gregory Starner, Duane D. Wall | White & Case LLP on 3/7/2013

The Department of Housing and Urban Development (HUD) recently issued a new rule to formalize a national standard for determining whether a housing practice violates the Fair Housing Act (FHA) as the result of a...more

N.Y. Legislature Introduces Protections for Victims of Domestic Violence

by Lisa Lewis | Sheppard Mullin Richter & Hampton LLP on 2/26/2013

The N.Y. State Senate and Assembly recently introduced “competing” bills both targeting increased employment protections for victims of domestic violence. The bills each provide various measures of job security for employees...more

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

by Laurie Nelson | Dechert LLP on 2/22/2013

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

PNC Settles Maternity Leave Mortgage Suit

by Michele Bowman | Lawyers.com on 2/19/2013

PNC settled a lawsuit this month over its refusal of a mortgage loan to a Connecticut couple because the wife was on maternity leave. As part of the settlement, the bank must review the last two years’ worth of mortgage...more

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

by Patrick D. Dolan, Robert H. Ledig, Ralph R. Mazzeo, Thomas P. Vartanian | Dechert LLP on 2/15/2013

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

CFPB’s ECOA disparate impact test finds support in HUD’s FHA “Discriminatory Effects” final rule

by Barbara S. Mishkin | Ballard Spahr LLP on 2/14/2013

In April 2102, the CFPB issued a bulletin to confirm that it plans to apply a disparate impact test in exercising its supervisory and enforcement authority under the Equal Credit Opportunity Act (ECOA) and Regulation B. The...more

HUD Issues Final ‘Discriminatory Effects’ Rule

by Richard J. Andreano, Jr., John L. Culhane, Jr., Alan S. Kaplinsky, Christopher J. Willis | Ballard Spahr LLP on 2/13/2013

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

by Michael J. Agoglia, Wendy Garbers, Angela Kleine, Thomas J. Noto | Morrison & Foerster LLP on 2/13/2013

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

by BuckleySandler LLP on 2/12/2013

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

Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit

by Richard J. Andreano, Jr., John L. Culhane, Jr., Stefanie Jackman, Alan S. Kaplinsky, Christopher J. Willis | Ballard Spahr LLP on 1/28/2013

The U.S. Department of Justice (DOJ) has reached a settlement with Community Bank of St. Charles, Michigan, in a federal lending discrimination lawsuit filed by DOJ against the bank....more

DOJ Announces Redlining Enforcement Action Against Community Bank

by BuckleySandler LLP on 1/23/2013

On January 15, the Department of Justice (DOJ) announced that it reached a settlement with a Michigan community bank regarding alleged redlining practices. In its complaint, the DOJ charged that between 2006 and 2009, the...more

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

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Residential Real Estate › Civil Rights