Fair Housing

News & Analysis as of

EXPECT FOCUS: Onboard Technology, NAIC Cybersecurity, DOL, ACA Litigation, SEC Regulation (Vol. III, Summer 2015)

In This Issue: IN THE SPOTLIGHT - - Your Data Breach Collided With My Personal Injury Coverage LIFE INSURANCE - - Phantom Injury Dooms “Shadow Insurance” Case - Latest NAIC Cybersecurity News - A...more

U.S. Supreme Court Allows Disparate-Impact Claims Under Fair Housing Act

In a recent holding, the U.S. Supreme Court determined that discrimination claims under the Fair Housing Act (FHA) may be premised on "disparate impact," meaning that a plaintiff may challenge a practice even if it was not...more

New report offers toolkit for inclusionary housing programs

The Lincoln Institute of Land Policy recently released “Inclusionary Housing: Creating and Maintaining Equitable Communities,” a new report on the use of government policies that tie the creation of affordable housing to...more

Eleventh Circuit Further Widens the Reach of the Fair Housing Act

The city of Miami brought an action against multiple lenders claiming their practices were discriminatory and in violation of the FHA, resulting in a disproportionate and excessive number of defaults and subsequent...more

Elements of RAD discussed during the Ballard Spahr webinar

A number of essential points arising under HUD’s Notice PIH 2012-32, REV-2  were discussed during Ballard Spahr’s webinar, HUD’s Revised RAD Notice — What it Means for Closed and Future Projects. As a follow-up to the...more

Orrick's Financial Industry Week in Review

RMBS Suit Against WMC Mortgage LLC Dismissed as Time-Barred - On July 10, 2015, Judge Alvin Hellerstein of the Southern District of New York granted defendant WMC Mortgage LLC's motion for judgment on the pleadings in an...more

Employment-ish FHA Decision

Amid the headlines of last week’s Supreme Court decisions was one applying disparate impact analysis to claims under the Fair Housing Act “FHA”. Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project,...more

Supreme Court Affirms FHA Disparate Impact Claims

Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more

Rhode Island Modifies its Fair Housing Practices Act to Include Military Status Under Discrimination Protections

On July 9, Governor Raimondo signed S.0241, which amends the Rhode Island Fair Housing Practices Act to include discrimination based on a person’s military status as a prohibited and unlawful housing and credit granting...more

HUD Announces Final Rule on Affirmatively Furthering Fair Housing

On July 8, the U.S. Department of Housing and Urban Development announced a final rule today to equip communities that receive HUD funding with data and tools to help them meet long-standing fair housing obligations in their...more

Weekly Update Newsletter - July 2015 #2

GOVERNMENT CONTRACTS - Contractor Past Performance Assessment Report–3rd Quarter Fiscal Year 2015 - The Office of Federal Procurement Policy (OFPP) issued the contractor past performance assessment reporting for the...more

HUD Finalizes Rule on Affirmatively Furthering Fair Housing

On July 8, HUD issued a final rule aimed at helping communities who receive HUD funding meet their fair housing obligations to provide affordable housing in more communities. The rule equips grantees with various new data and...more

HUD issues final rule on Affirmatively Furthering Fair Housing

HUD issued the final rule on Affirmatively Furthering Fair Housing (AFFH), which is poised to provide clear, actionable guidelines and data that will help HUD grantees achieve fair housing and equal opportunity goals. The...more

New Fair Housing Rule

HUD today announced a new Fair Housing Act rule to “affirmatively further[] fair housing.” The Fair Housing Act, passed in 1968, directs HUD to promote fair housing and equal opportunity, including addressing segregated...more

Utah Legislature Expands Antidiscrimination Laws to Address LGBT and Religious Rights

Last night, the Utah House passed landmark legislation (the "Act") already approved by the Senate that modifies Utah's antidiscrimination and fair housing acts to provide protection for lesbian, gay, bisexual, and transgender...more

New York Bank Sued for Fair Housing, Lending Violations

Why it matters - New York banks are continuing to face lawsuits over alleged discriminatory lending practices. In September 2014, the state’s Attorney General, Eric T. Schneiderman, filed a “redlining” suit against...more

Fair Housing Organization Files Suit for Alleged Racial Bias

On February 3, the Fair Housing Justice Center (FHJC), a regional fair housing non-profit organization based in New York City, filed a complaint alleging that a large bank discriminated in its mortgage lending practices on...more

Affirmatively Furthering Fair Housing: The Good, The Bad, & The Ugly of the Proposed Rule and Draft Assessment Tool

Ever since HUD’s Proposed Rule regarding Affirmatively Furthering Fair Housing (the Rule) was published on July 19, 2013, the housing industry and fair housing advocates have each drawn clear lines in the sand as to where...more

HUD Continues To Fight Housing Discrimination

On October 15, HUD announced the award of more than $38 million to fair housing and non-profit organizations in 43 states and the District of Columbia to address discrimination in the housing industry. Through HUD’s Fair...more

A Bird’s Eye View of the DFEH: An Interview with Patti Perez (Part 2)

In part one of our interview with Patti Perez, Esq., SPHR, president and CEO of Puente Consulting, and member of the DFEH’s Fair Employment and Housing Council, Perez shared insights on her role as a DFEH councilmember and...more

Fair Housing Group Issues Annual Report

On August 13, the National Fair Housing Alliance (NFHA) published its annual fair housing report titled “Expanding Opportunity: Systemic Approaches to Fair Housing.” The paper summarizes 2013 fair housing enforcement actions...more

A Bird’s-Eye View of the DFEH: An Interview with Patti Perez

From defining accommodation provisions for assistive animals to calculating pregnancy disability leave, the matters addressed by California’s Department of Fair Employment and Housing (DFEH) regulations are extensive. In this...more

Update on certiorari petition in Texas FHA case

As we reported, the petition for certiorari filed in May 2014 by the Texas Department of Housing and Community Affairs (Texas DHCA) in Inclusive Communities Project v. Texas Dep’t of Housing and Community Affairs could give...more

HUD provides guidance on relocation for public housing conversions under RAD

HUD recently released guidance on relocation requirements for Rental Assistance Demonstration (“RAD”) conversions of public housing and moderate rehabilitation projects....more

Florida Federal District Court Dismisses Miami’s Fair Housing Act Cases

On July 10, the U.S. District Court for the Southern District of Florida dismissed with prejudice the Fair Housing Act claims in three suits filed by the City of Miami against mortgage lenders. City of Miami v. Bank of Am.,...more

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