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Fair Housing Act (FHA)

DLA Piper

Digital Transformation: eSignature and ePayment News and Trends - July/August 2024

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Today’s ever-shifting business environment means that consumers, businesses, employers, and employees all expect to transact digitally. To remain efficient and competitive, companies must digitally transform their businesses....more

Bradley Arant Boult Cummings LLP

FHA Extends Implementation Date for Recent Appraisal Review and Reconsideration of Value Guidelines

On August 6, 2024, in Mortgagee Letter (ML) 2024-16, the Federal Housing Administration (FHA) announced an extension for the implementation of recent Appraisal Review and Reconsideration of Value (ROV) guidelines through and...more

Greenbaum, Rowe, Smith & Davis LLP

NJ Appellate Division Rules that Municipal Ordinance Restricting Ownership to Individuals Over 55 Violates Fair Housing Act and NJ...

On July 31, 2024, the New Jersey Appellate Division issued its ruling in New Jersey REALTORS® v. Township of Berkeley, upholding a trial court’s decision invalidating a municipal ordinance requiring that the owners of units...more

Bradley Arant Boult Cummings LLP

FHA Changes its Defect Taxonomy for Originators and Services

Over the past month, the Federal Housing Administration (FHA) has enacted and proposed several changes to its Defect Taxonomy. The Defect Taxonomy is contained in Appendix 8 to FHA Handbook 4000.1. The Defect Taxonomy was...more

Ballard Spahr LLP

HUD Charges Appraiser, Appraisal Management Company, and Lender with Race Discrimination

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The Department of Housing and Urban Development (HUD) recently charged multiple entities with housing discrimination based on an asserted biased appraisal and denial of a mortgage refinance loan application based on the...more

Orrick, Herrington & Sutcliffe LLP

HUD charges appraiser for alleged racial discrimination

On July 15, HUD released a charge of discrimination on behalf of a complainant against several respondents, including a mortgage lender and its agent (an appraisal management company), for allegedly discriminating against the...more

Arnall Golden Gregory LLP

What the Supreme Court’s Loper Decision Means for the Affordable Housing Industry

Ending 40 years of judicial deference to administrative agencies’ interpretations of ambiguous statutes governing them, the Supreme Court of the United States finally pulled the plug on this experiment that it, just five...more

Whitman Legal Solutions, LLC

HUD Files Appraisal Discrimination Charge Against Rocket Mortgage

The Fair Housing Act Applies to Residential Real Estate Appraisals - The Fair Housing Act (FHA) was passed in 1968 to prohibit housing discrimination based on race, color, religion, and national origin. Since then, the...more

Ballard Spahr LLP

7th Circuit Holds ECOA Protections Apply to Prospective Applicants

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In a major win for the CFPB, in CFPB v. Townstone Financial, a panel of the U.S. Court of Appeals for the Seventh Circuit (7th Circuit) recently held that the Regulation B provision prohibiting discrimination under the Equal...more

Orrick, Herrington & Sutcliffe LLP

FHA expands its definition of Government-Sponsored Enterprises (GSEs)

Recently, HUD issued Mortgagee Letter 2024-12, updating its regulations to redefine Government-Sponsored Enterprises (GSEs) as separate from other governmental institutions with respect to FHA requirements for specific loan...more

Ballard Spahr LLP

HUD Enters Conciliation Agreement with the Appraisal Foundation to Curb Discrimination in the Industry

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The U.S. Department of Housing and Urban Development (HUD) announced that it has entered into an historic Conciliation Agreement (Agreement) with The Appraisal Foundation (TAF), an organization responsible for setting...more

Wyrick Robbins Yates & Ponton LLP

Possible… but Practical? HUD’s New 12 Hour Cyber Incident Reporting Requirement for FHA-Approved Mortgagees

On May 23, 2024, the U.S. Department of Housing and Urban Development (“HUD”) issued requirements, effective immediately, for all FHA-approved mortgagees to report certain cyber incidents to HUD within 12 hours of detection....more

Mandelbaum Barrett PC

New Jersey Introduces Accelerated Depreciation for Affordable Housing

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In a bid to incentivize the development of affordable housing, New Jersey has implemented a significant policy change. Effective from the tax year beginning on January 1, 2025, the state now offers accelerated depreciation...more

Ballard Spahr LLP

FHA Seeks Comment on Third Party Originator Fraud With Short Comment Timeframe

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On June 17, 2024, FHA announced in draft Mortgage Letter 2024-12 a proposed revision to its Defect Taxonomy to clarify that fraud or material misrepresentation involving a sponsored Third-Party Originator (TPO) is a Tier 1...more

Orrick, Herrington & Sutcliffe LLP

District Court denies class certification in lending discrimination suit

On May 30, the U.S. District Court for the Eastern District of Virginia entered an opinion denying class certification in a suit accusing a credit union (defendant) of lending discrimination. Each plaintiff applied to...more

Bradley Arant Boult Cummings LLP

Impact of Revised FHA Handbook on Reverse Mortgage Servicers

Following a long wait, the U.S. Department of Housing and Urban Development (HUD) published a revised version of the Fair Housing Administration’s (FHA) handbook governing the origination and servicing of FHA loan products,...more

Troutman Pepper

A Deep Dive into HUD's New Guidance on AI-Driven Targeted Advertising — The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Partner Lori Sommerfield to discuss the new guidance issued by the Department of Housing and Urban Development (HUD) on targeted...more

Bradley Arant Boult Cummings LLP

FHA Announces New Guidelines Allowing Borrowers to Challenge Appraisals

On May 1, 2024, the Federal Housing Administration (FHA) issued Mortgagee Letter (ML) 2024-07 titled “Appraisal Review and Reconsideration of Value Updates,” which enhances the agency’s current policy on home valuations. ML...more

Ballard Spahr LLP

FHA Requiring Reporting of Significant Cybersecurity Incidents

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In Mortgagee Letter 2024-10, FHA announced a requirement for FHA approved lenders to notify the U.S. Department of Housing and Urban Development (HUD) of Significant Cybersecurity Incidents. The Mortgagee Letter, which is...more

Troutman Pepper

HUD Issues Guidance on Applicability of the Fair Housing Act to Tenant Screening and Housing-Related Advertising That Relies Upon...

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On May 2, the U.S. Department of Housing and Urban Development (HUD) released two sets of guidance addressing the applicability of the Fair Housing Act (FHA) to two areas where, in the agency’s view, algorithmic processes and...more

Orrick, Herrington & Sutcliffe LLP

District Court grants motion for reconsideration on reverse redlining claim

On April 26, the U.S. District Court for the Eastern District of Michigan granted in part and denied in part the plaintiffs’ motion for reconsideration of its order granting the defendants summary judgment and dismissing...more

Troutman Pepper

New Policies From FHA and FHFA Allow Borrowers to Challenge Property Appraisals

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On May 1, the Federal Housing Administration (FHA), and the Federal Housing Finance Agency (FHFA) announced new policies that will allow borrowers to challenge property appraisals they believe to be inaccurate or biased....more

Bradley Arant Boult Cummings LLP

HUD’s Federal Flood Risk Management Standard Final Rule to Help Communities Reduce Flood Damage, but Tradeoffs Draw Criticism

On April 22, 2024, the Department of Housing and Urban Development (HUD) published its final rule regarding updated flood insurance requirements in certain areas of the country: Floodplain Management and Protection of...more

Alston & Bird

Appraisal Bias Settlement: Potential Roadmap

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What Happened? The lender and consumers reached a settlement in an appraisal bias case, Nathan Connolly and Shani Mott v. Shane Lanham, 20/20 Valuations, LLC, and loanDepot.com, LLC, filed in Maryland District Court, that...more

Morris, Manning & Martin, LLP

Fostering LGBTQ Inclusivity in Rental Agreements: A Guide for Landlords

In recent years, the LGBTQ community has made significant strides towards equality and acceptance. However, despite these advancements, discrimination remains a harsh reality for many individuals, particularly in the realm of...more

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