News & Analysis as of

Fair Housing Act (FHA) Discrimination

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

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

Morrison & Foerster LLP

AI Executive Order: Consumer Financial Services Touchpoints

On October 30, 2023, President Biden issued a wide-ranging Executive Order designed to protect Americans from potential risks associated with artificial intelligence (AI) systems. The Executive Order on the Safe, Secure, and...more

Cadwalader, Wickersham & Taft LLP

Vice Chair Barr Speaks on Fair Lending in Age of AI

Michael Barr, the Federal Reserve Board’s (“FRB”) Vice Chair for Supervision, delivered remarks, titled “Furthering the Vision of the Fair Housing Act,“ to the National Fair Housing Alliance 2023 National Conference earlier...more

Troutman Pepper

Updated Fair Lending Handbook for the American Association of Bank Directors

Troutman Pepper on

The American Association of Bank Directors (AABD) recently published the second edition of its Practical Handbook on Fair Lending for Bank Directors and Executive Officers (the Handbook), updating the first edition of the...more

Shumaker, Loop & Kendrick, LLP

Considerations on Criminal Background Checks & Tenancy Restrictions

Numerous condominiums and homeowner associations have Governing Documents, or rules and regulations that regulate leasing, including restriction to whom owners may rent. Many associations base their decisions on the results...more

Woods Rogers

Legal SPF: Summer Protection For Community Associations

Woods Rogers on

We are on the cusp of Spring, which means Summer is just around the corner. And pool season is the hallmark of Summer. In addition to securing a pool service contractor and/or lifeguards, community associations should...more

Orrick, Herrington & Sutcliffe LLP

HUD discusses steps to address appraisal bias

On January 12, HUD Secretary Marcia L. Fudge announced at a Brookings Institute event that HUD is creating a process that people seeking FHA financing can use to request a review of their appraisal if they believe the results...more

Orrick, Herrington & Sutcliffe LLP

DOJ says court will oversee social media company’s housing ads into 2026

On January 9, the DOJ informed a New York federal judge that it had reached a follow-up agreement with a global social media company to ensure its compliance with a June 2022 settlement that required the company to stop using...more

Orrick, Herrington & Sutcliffe LLP

DOJ, HUD say Fair Housing Act extends to algorithm-based tenant screening

On January 9, the DOJ and HUD announced they filed a joint statement of interest in a pending action alleging discrimination under the Fair Housing Act (FHA) against Black and Hispanic rental applicants based on the use of an...more

Schwabe, Williamson & Wyatt PC

Oregon HOA’s and Condo Associations Need to Omit Discriminatory Language in Governing ‎Documents ‎

The Oregon Legislature adopted a bill in 2021 to ensure planned communities eliminate discriminatory language from their governing documents by the end of this year. House Bill 2534, which amends Oregon Revised Statutes (ORS)...more

Baker Donelson

"That's Not Fair" – What Does That Mean Under the Fair Housing Act?

Baker Donelson on

Who hasn't thought – "that's not fair"? Usually, those words come as an emotional reaction to a decision or position someone makes that we disagree with. It may be due to a rule, policy, or procedure that we find oppressive,...more

Moore & Van Allen PLLC

Federal Agencies Focused on Discriminatory Home Valuation Practices

Moore & Van Allen PLLC on

Late last year, news services reported on the results of the efforts of a black couple living in Northern California to challenge what they believed was an initial, discriminatory low-ball appraisal of their home. To test...more

Jackson Lewis P.C.

Oregon Bans Home Buyers’ ‘Love Letters’ To Sellers

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As a potential harbinger of the future, Oregon has become the first state in the nation to ban real estate “love letters.” The new law goes into effect January 1, 2022. The State of Oregon passed a law (HB 2550), and it...more

Jackson Lewis P.C.

Suffolk County Fair Housing Task Force Recommends Amendments To County Human Rights Law

Jackson Lewis P.C. on

After conducting an analysis of the Suffolk County Human Rights Law (“HRL”) as it pertains to housing discrimination, the Suffolk County Fair Housing Task Force (“Task Force”) released its final report and recommendations to...more

Fox Rothschild LLP

HUD Charges Pennsylvania Property With Disability Discrimination

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Earlier this month, the U.S. Department of Housing & Urban Development (HUD) announced that it charged a Pennsylvania property owner with disability discrimination related to assistance animals and designated parking spaces...more

Bradley Arant Boult Cummings LLP

HUD Issues Final Rule Redefining the Standard for Fair Housing Disparate Impact Discrimination Claims

On Sept. 3, the U.S. Department of Housing and Urban Development (HUD) issued its final rule on the implementation of the Fair Housing Act’s disparate impact standard. The Fair Housing Act (FHA) prohibits discrimination in...more

Fox Rothschild LLP

Fair Housing And Elections

Fox Rothschild LLP on

All right. A couple of readers have asked me to comment on the November 2020 presidential election and what, if anything, the election may mean for fair housing. While I desperately try to avoid politics here at the Fair...more

Fox Rothschild LLP

HUD Awards Over $40 Million For Fair Housing Enforcement And Training

Fox Rothschild LLP on

If professional apartment management thought that fair housing enforcement would stop because of a global pandemic, well – think again. Last week, the U.S. Department of Housing & Urban Development (HUD) announced over $40...more

Fox Rothschild LLP

HUD Charges Wisconsin Property Owner/Manager With Disability Discrimination Related To An Assistance Animal

Fox Rothschild LLP on

Pursuant to a release issued last week, the U.S. Department of Housing & Urban Development (HUD) stated it charged the owner and manager of apartment homes in Wisconsin with housing discrimination for allegedly refusing to...more

Fox Rothschild LLP

HUD Settles Racial Discrimination Fair Housing Case For $35,000

Fox Rothschild LLP on

Thursday, the U.S. Department of Housing and Urban Development (HUD) approved a $35,000 settlement agreement resolving a fair housing complaint filed against the owner and manager of apartment communities on Long Island (in...more

Fox Rothschild LLP

Supreme Court Expands Employment Anti-Discrimination Laws To Protect The LGBTQ Community. Fair Housing Is Likely Next.

Fox Rothschild LLP on

In a decision which will likely expand the scope of the federal Fair Housing Act (FHA) by analogy, the U.S. Supreme Court concluded earlier today that a 1960’s era civil rights statute protects gay and transgender workers. By...more

Fox Rothschild LLP

Conciliation And The Fair Housing Act

Fox Rothschild LLP on

Although the economic and personal impact of the global pandemic continues to dominate the headlines, I am seeing HUD (as well as various state, city, and county agencies) ramping up efforts on pending housing discrimination...more

Jackson Lewis P.C.

New York Bill Would Require Real Estate Brokers, Salespeople Be Trained On Preventing Housing Bias

Jackson Lewis P.C. on

Following a three-year investigation conducted by Newsday into alleged unequal treatment toward minority homebuyers on Long Island, New York has announced proposed regulations to combat housing discrimination that would...more

Ballard Spahr LLP

Federal Reserve warns about redlining and steering risks from digital targeted advertising

Ballard Spahr LLP on

One of the most important areas of consumer financial regulation today is the use of internet- or social media-based platforms to target advertising for consumer financial products. ...more

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