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Fair Housing Act (FHA) Residential Real Estate Market

Goodwin

Far Beyond Real Estate: The Real Impact of Florida’s SB 264

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On May 8, 2023, Florida Gov. Ron DeSantis signed into law Senate Bill 264: Interests of Foreign Countries (SB 264), effective July 1, 2023. The law may affect not only traditional real property owners and investors but also...more

Allen Matkins

Sustainable Development and Land Use Update -1.25.23 #3

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The U.S. Department of Housing and Urban Development (HUD) has filed a proposal for a new rule to push local communities to take steps to address housing segregation. HUD said in a release that the rule, announced last...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

Perkins Coie

Disparate-Impact ClaimUnder FHA and FEHA Must Demonstrate Causal Connection Between a City’s Approval of Development Projects and...

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The court of appeal held that the City’s approval of mixed-used development projects was not an “artificial, arbitrary, or unnecessary barrier[]” to fair housing necessary to support disparate-impact claims under the FHA and...more

Fox Rothschild LLP

Conciliation And The Fair Housing Act

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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

Ballard Spahr LLP

Industry trade groups urge HUD to make significant changes to its disparate impact rule; state attorneys general oppose changes

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The American Bankers Association jointly with state bankers associations, the American Financial Services Association, and the Mortgage Bankers Association are urging the U.S. Department of Housing and Urban Development (HUD)...more

Fox Rothschild LLP

Road Block Lifted: Affordable Housing Actions Will Proceed In NJ Post Mercer Decision

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New Jersey towns can no longer hide behind the stalled Mount Laurel process. On March 8, 2018, Judge Mary Jacobson established the methodology that judges will rely upon to calculate a town’s affordable housing obligation...more

Fox Rothschild LLP

HUD Resolves Fair Housing Case Against The State Of Maryland For $225,000

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Pursuant to an agreement announced last week, the U.S. Department of Housing and Urban Development (HUD) announced that it resolved a discrimination complaint filed by local housing advocacy groups against Maryland’s...more

Pullman & Comley, LLC

HUD Advocates Broad “Disparate Impact” Liability for P&C Insurers

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In February 2013, the U.S. Department of Housing and Urban Development adopted a “Discriminatory Effects Rule,” which established liability under the Fair Housing Act for conduct that is otherwise lawful, but which has a...more

Ballard Spahr LLP

New Fair Housing Rule Extends Liability to Housing Providers for Harassment

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This week, HUD issued a final rule that creates liability under the Fair Housing Act (FHA) for housing providers for occurrences of “quid pro quo harassment” or “hostile environment harassment.” The new rule takes effect on...more

Ballard Spahr LLP

HUD Finalizes New Fair Housing Rule for Quid Pro Quo, Hostile Environment Harassment

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The U.S. Department of Housing and Urban Development (HUD) has issued a final rule that creates liability for housing providers for occurrences of "quid pro quo harassment" or "hostile environment harassment." The new rule,...more

Ballard Spahr LLP

Northern Texas District Court Dismisses Fair Housing Disparate Impact Claim

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A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more

Lowndes

Do Your Housing Policies Expose You to Liability?

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The Fair Housing Act prohibits discrimination in housing rental or conditions based upon protected classes, such as race, sex, religion, and, importantly, familial status. In assessing whether a housing provider...more

Ballard Spahr LLP

Diversity assessment and remedial measures required by CFPB consent order

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On June 29, 2016, BancorpSouth Bank announced a proposed settlement and consent order with the CFPB and the U.S. Department of Justice of charges that the bank’s mortgage lending practices violated the Equal Credit...more

Ballard Spahr LLP

HUD issues deadlines for RAD closings in CY2016

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Earlier this week HUD issued the following memo, which sets deadlines for RAD closing in CY2016. For efficient closing of RAD transactions in November and December, public housing authorities and developers should remain...more

K&L Gates LLP

Not Starry-Eyed: Massachusetts Imposes Rigorous Standard on Fair Housing Disparate Impact Claims in Burbank Apartments

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The Massachusetts Supreme Judicial Court (“SJC”) recently answered the question of whether the Massachusetts anti-discrimination statute Chapter 151B recognizes a disparate impact theory of discrimination. In Burbank...more

Ballard Spahr LLP

CFPB and DOJ Announce Redlining Settlement

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Consistent with recent indications from CFPB and Department of Justice officials that more redlining cases would soon be coming, the CFPB and DOJ have announced a proposed consent order with Hudson City Savings Bank to settle...more

Ballard Spahr LLP

New report offers toolkit for inclusionary housing programs

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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

Ballard Spahr LLP

FHA Solicits Public Comment on Proposed Information Collection for Its “Loan-Level” and “Lender-Level” Certifications

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The Federal Housing Administration (FHA) published two notices soliciting public comment on proposed information collection for its Single Family Loan Level Certification and Annual Certification on September 1, 2015....more

Baker Donelson

Eleventh Circuit Further Widens the Reach of the Fair Housing Act

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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

K&L Gates LLP

HUD’s Proposal to Terminate FHA Insurance Policies Could Terminate the FHA Program

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If there is anything that galls servicers of government-insured loans, it is the forfeiture or curtailment of all accrued interest from mortgage insurance claims resulting from the failure to foreclose fast enough within...more

Ballard Spahr LLP

ABA seeks supervisory and enforcement standards consistent with Inclusive Communities

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The American Bankers Association has sent a letter to the DOJ, Fed, OCC, FDIC, HUD and CFPB requesting confirmation “in interagency guidance, updated exam procedures, and where appropriate amended regulations that the...more

Pullman & Comley, LLC

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 2 of 3)

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This is the second article of a three-part series about two recent decisions by federal courts in Connecticut and California: Viens v. America Empire Surplus Lines Ins. Co., No. 3:14cv952 (D. Conn. June 23, 2015), and Jones...more

Pullman & Comley, LLC

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 1 of 3)

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Late in June, in Texas Dept. of Housing v. Inclusive Communities, No. 13–1371 (U.S. June 25, 2015), the U.S. Supreme Court ended years of debate by embracing a “disparate impact” claim against a housing authority under the...more

Orrick - Finance 20/20

HUD Announces Final Rule on Affirmatively Furthering Fair Housing

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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

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