News & Analysis as of

Discriminatory Effects Rule Department of Housing and Urban Development

ArentFox Schiff

HUD Will Once Again Subject Homeowners Insurers To Discriminatory Effects Scrutiny

ArentFox Schiff on

On June 25 the federal Department of Housing and Urban Development announced that it would re-codify its 2013 regulation subjecting the practices and policies of homeowners insurers to scrutiny under a disparate impact...more

Bradley Arant Boult Cummings LLP

Biden Administration Continues Fair Lending Efforts as HUD Announces Proposal to Restore the Discriminatory Effects Rule

One of the Biden administration’s first actions was a January 25, 2021, executive order on Redressing Our Nation’s and the Federal Government’s History of Discriminatory Housing Practices and Policies, whereby the White House...more

Dechert LLP

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

Dechert LLP on

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

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Ballard Spahr LLP

HUD Issues Final ‘Discriminatory Effects’ Rule

Ballard Spahr LLP on

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

Morrison & Foerster LLP

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

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