Fair Housing Act (FHA)

News & Analysis as of

HUD Announces $1.9 Million Settlement with Memphis-Based Bank over Alleged FHA Discrimination

On February 1, HUD announced a $1.9 million settlement with a Memphis-based bank to resolve alleged violations of the Fair Housing Act. Specifically, the complainant alleged that the bank “was responsible for discriminatory...more

Fair Lending Year in Review – 2015

2015 was an action-packed year for fair lending, including a long-anticipated Supreme Court decision on disparate-impact claims under the Fair Housing Act (“FHA”), record-breaking redlining settlements, a new round of...more

DOJ Settles Action Alleging Bank Discriminated Against Disability Income Recipients

The U.S. Department of Justice recently entered into a consent order with Evolve Bank & Trust to settle charges that the bank discriminated against mortgage loan applicants on the basis of disability and receipt of public...more

Yeshiva Sues New Jersey Township for Religious Discrimination

Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) has filed a federal lawsuit against the Township of Ocean, New Jersey and the Township’s Zoning Board of Adjustment following the denial of an application to develop a yeshiva...more

DOJ and Kent State University reach $145,000 Fair Housing settlement

Earlier this month, the U.S. Department of Justice (DOJ) and Kent State University (KSU) settled claims of discrimination under the Fair Housing Act (FHA) related to the use of emotional support animals in university housing....more

DOJ Reaches $145,000 Settlement Over Access of Emotional Support Animal to University Housing

The U.S. Department of Justice (DOJ) and Kent State University (KSU) reached a $145,000 settlement over claims of discrimination under the Fair Housing Act (FHA) on January 4, 2016. In 2014, DOJ initiated a lawsuit against...more

Redlining Cases In 2015 And A New Discrimination Standard

Limited access to mortgage credit for credit-impaired and low- and moderate-income (and, therefore, disproportionately minority) borrowers has become a significant public policy challenge in the post-financial crisis era....more

Federal Agencies File Action Against Bank for Discriminatory Redlining

The Consumer Financial Protection Bureau (CFPB) and the U.S. Department of Justice filed a complaint in New Jersey District Court against Hudson City Savings Bank, F.S.B., alleging it engaged in illegal redlining practices...more

DOJ Settles Fair Lending Claims Based on Bank’s Mortgage Pricing System

The U.S. Department of Justice (DOJ) has announced a proposed consent order with Sage Bank to settle charges that the bank violated the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA) by discriminating on...more

DOJ Announces Mortgage Lending Discrimination Charges Against Massachusetts Bank

On November 30, the DOJ announced the filing of a complaint and proposed consent order against a Massachusetts-based bank alleged to have violated the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA) by...more

Banking & Financial Services E-Note - November 2015

In an article published on November 5, 2015 by Law360, Nick Agnello provides insight on a recent landmark decision by the Eleventh Circuit, and how it is creating a body of case law empowering local governments to bring...more

Inclusive Communities And Disparate Impact Under The Fair Housing Act

In its recent Inclusive Communities decision the Supreme Court held (5-4) that disparate impact claims are cognizable under the Fair Housing Act. The authors discuss disparate impact prior to the case, HUD’s disparate impact...more

Mortgage Lender Settles Disability-Based Discrimination Complaint

The Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity (FHEO) has announced its successful negotiation of a “conciliation agreement” between the parties to a lawsuit alleging...more

HUD Proposes to "Formalize" Definitions of Harassment and Expand Fair Housing Act Liability

The U.S. Department of Housing and Urban Development (HUD) has released a proposed rule that aims to "formalize standards for use in investigations and adjudications involving alleged harassment on the basis of race, color,...more

Significant Exception to TCPA Likely to Pass

Congress is about to pass the Bipartisan Budget Agreement of 2015. The budget agreement includes significant amendments to the Telephone Consumer Protection Act. As proposed, the TCPA will soon permit autodialed calls to cell...more

FHA Withdraws Proposed Rule Establishing Insurance Claim Deadline

Recently, the Federal Housing Administration (FHA) withdrew part of a proposed rule that sought to establish a maximum time period within which an FHA approved mortgagee must file a claim with FHA for insurance benefits. The...more

New York City Defends its Community Preference Policy

Introduction - On October 2, 2015, the City of New York moved to dismiss a lawsuit accusing the City of unlawfully perpetuating racial segregation in the housing industry. See Janell Winfield, et al. v. City of New...more

HUD Proposes “Quid Pro Quo” Rule to Amend FHA Regulations

On October 21, HUD announced a proposed rule that would formalize the standards for evaluating harassment claims in housing or housing-related transactions under the FHA. The rule – “Quid Pro Quo and Hostile Environment...more

HUD Publishes Withdrawal of Proposed Rule Limiting FHA Insurance Claim Period

On October 16, HUD’s FHA published a notice of partial withdrawal of its July 6 proposed rule to limit the time frame in which FHA-approved lenders must file insurance claims for benefits. The July 6 proposal would have...more

Are Disparate Impact Claims Legally Cognizable Under ECOA?

In Texas Dep’t of Housing and Community Affairs v. The Inclusive Communities Project, 135 S. Ct. 2507 (2015), the Supreme Court held that disparate impact claims are legally cognizable under the Fair Housing Act (“FHA”). As a...more

CFPB Deems Federally-Approved CRA Assessment Area to Be Discriminatory

The Federal Community Reinvestment Act (“CRA”) requires regulated financial institutions to focus on meeting “the credit needs of the local communities in which they are chartered.” See 12 U.S.C. § 2901(a)(3). Under the CRA,...more

GSEs Release Revised Framework for Origination Defects and Remedies — The Proof Will Be in the Execution

By recently releasing yet another revised representation and warranty framework, Fannie Mae and Freddie Mac continued their efforts to assuage the concerns of the lending industry that a default by a borrower poses an unfair...more

Stretched Past Its Limits: Have The Courts Extended Immunity From Online Tort Liability Too Far?

I have practiced entertainment and technology law for over 30 years. More than any other area of the law, the developments and enhancements in technology have outpaced the law’s ability to take those developments and...more

HUD Revises Its Notice to Occupants of Pending Acquisition

Effective November 1, 2015, all FHA-Approved Mortgagees and Single Family Servicing Managers (Mortgagee) must use the updated version of the Notice to Occupants of Pending Acquisition (NOPA). The Department of Housing and...more

HUD Charges Colorado Landlords with Violations of the Fair Housing Act

On October 7, HUD announced a September 24 Charge of Discrimination against a group of Colorado landlords for allegedly “steering” families with children to apartments located at the rear end of the apartment building, an...more

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