News & Analysis as of

Department of Housing and Urban Development Fair Housing Act (FHA)

Issues With Online Emotional Support Animals Medical Verifications

by Fox Rothschild LLP on

The issue of online medical verifications for emotional support animals (ESA’s) is an ongoing problem for professional apartment management. As written in this space before, we want to approve all legitimate reasonable...more

National Lender Settles False Claims Act Allegations with DOJ for Over $74 Million

by Goodwin on

?On August 8, 2017, the Department of Justice (DOJ) announced that a national lender agreed to settle allegations that it violated the False Claims Act. The settlement resolves allegations that the lender originated and...more

DOJ Settles Sexual Harassment Fair Housing Act Lawsuit For $600,000

by Fox Rothschild LLP on

The U.S. Department of Justice (DOJ) recently announced that it settled a Fair Housing Act (FHA) discrimination lawsuit with the owners/managers of more than 70 residential properties in West Virginia to resolve allegations...more

US Attorney Announces Settlement with Florida Condominium Complex Over Alleged FHA Reverse Mortgage Fraud

by Goodwin on

On July 20, 2017, acting United States Attorney Stephen Muldrow announced a civil settlement with the owner of a Florida condominium complex over fraudulent reverse mortgage transactions. Defendant had been accused of...more

Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?

If an association has the right to deny rental applications and it does so based on an applicant’s criminal background, the association should review whether its policies, procedures and practices may lead to claims of...more

What Is The “Mrs. Murphy” Exception To The Fair Housing Act?

by Fox Rothschild LLP on

I get this question about exemptions to the Fair Housing Act (FHA) regularly, so I thought I would provide a refresher on the “Mrs. Murphy” exception to the FHA. At the outset, please know that apartment community owners,...more

HUD Bans Mortgage Lender from Originating FHA-Insured Loans Because of False Financial Statements

by Goodwin on

?On July 11, 2017, the United States Department of Housing and Urban Development (HUD) announced? that its Mortgagee Review Board had suspended a national mortgage lender from originating and underwriting new mortgages...more

HUD/Fair Housing After Six Months Of The Trump Administration

by Fox Rothschild LLP on

While I always try to avoid political commentary here at the Fair Housing Defense Blog (as the reader comments can be, shall we say, colorful), I wanted to note a couple of housing related points with the Trump Administration...more

Mortgage Lender Pays $4.157 Million to Settle False Claims Act Allegations Concerning FHA Loans

by Goodwin on

On July 3, 2017, the United States Department of Housing and Urban Development (HUD), the HUD Office of Inspector General (HUD-OIG), the U.S. Attorney’s Office for the Northern District of Georgia, and the U.S. Attorney’s...more

HUD Announces National Origin And Familial Status Fair Housing Case Settles For $20,000

by Fox Rothschild LLP on

The U.S. Department of Housing and Urban Development (HUD) recently announced that it settled another fair housing case, this one for $20,000, to resolve allegations of discrimination based on national origin and familial...more

HUD Approves $20,500 Assistance Animal Fair Housing Settlement

by Fox Rothschild LLP on

Earlier this month, the U.S. Department of Housing and Urban Development (HUD) approved a settlement agreement concerning assistance animals and fees charged to residents. To resolve pending Fair Housing Act (FHA) disability...more

Some Thoughts On Fair Housing And Smoking

by Fox Rothschild LLP on

A friend reached out to me to ask questions about HUD’s Smoke Free public housing initiative and for some general thoughts on smoking in apartment homes. So, here goes. There is no “right” to smoke in a rental home....more

HUD Regulatory Reform

by Ballard Spahr LLP on

The new HUD administration has been pretty quiet on the regulatory front, with only a handful of regulations and notices issued since January. That may change soon. HUD is hard at work identifying regulatory changes that...more

Reverse Mortgage Servicer to Pay $89 Million to Resolve False Claims Act and FIRREA Claims

by Goodwin on

On May 16, 2017, the U.S. Department of Justice (“DOJ”) announced that it had reached a settlement with a company engaged in reverse mortgage servicing, in connection with the company’s participation in the Department of...more

Financial Services Weekly News - May 2017 #3

by Goodwin on

Editor's Note - The Dual Banking System is Working. In the April 26 edition of the Roundup, we noted that the Conference of State Bank Supervisors (CSBS) had sued the Office of the Comptroller of the Currency (OCC),...more

HUD Settles Fair Housing Act Claims Against California Credit Union

by Goodwin on

On May 10, 2017, the U.S. Department of Housing and Urban Development (HUD) announced a settlement with a California credit union concerning allegations that the credit union denied loan approval to a married couple because...more

Financial Services Weekly News - April 2017 #4

by Goodwin on

Editor's Note - State Regulators Sue OCC Over Federal FinTech Charter. On April 26, the Conference of State Bank Supervisors (CSBS) sued the Office of the Comptroller of the Currency (OCC) in the U.S. District Court for...more

HUD Resolves Allegations of Discrimination Against California Lenders

by Goodwin on

?On April 19, the U.S. Department of Housing and Urban Development (HUD) announced that it had entered an agreement with a group of California mortgage lenders to resolve allegations that they discriminated against a mortgage...more

Mortgage Lender Settles with HUD for Allegedly Making FHA Mortgage Loan Payments on Behalf of Borrowers

by Goodwin on

On February 7, the U.S. Attorney for the Eastern District of New York, the Office of the Inspector General for the Department of Housing and Urban Development (HUD), and the Inspector General for the Federal Deposit Insurance...more

Facebook Unfriends Policy Allowing for Exclusion of Certain Racial and Ethnic Groups in Housing, Credit, and Employment...

by Butler Snow LLP on

The social network giant, Facebook—amid criticism and a push from public figures and congressional leaders—announced that the site would no longer allow advertisers to exclude specific racial and ethnic groups in the areas of...more

The Changing Landscape of Housing Admissions for Landlords: Life in the Wake of the April 4, 2016 OGC Guidance

by Pepper Hamilton LLP on

The message from HUD is certainly confusing: don't discriminate, but use your discretion. It is enough to strike fear into the heart (and liability insurer) of even a seasoned property owner and manager. The common advice to...more

How HUD Secretary Carson Might Affect Mortgage Lenders

President-elect Donald Trump’s recent decision to nominate Dr. Ben Carson as Secretary of the Department of Housing and Urban Development (HUD) carries potential implications for mortgage lenders. In accord with Trump’s...more

Reaction to Uncertainty in Affordable Housing Industry Brought on by Trump Election

The 2016 Election has created more questions than answers for the affordable housing industry. Very little is known about President-elect Trump's vision for affordable housing. On one hand, Mr. Trump has described himself as...more

Jury Issues $92 Million Verdict Under the False Claims Act Against Mortgage Companies and CEO

by Goodwin on

On November 30, 2016, the U.S. Attorney for the Southern District of Texas announced that a federal jury in the Southern District of Texas issued a verdict finding several related mortgage companies and their CEO liable in...more

HUD Issues Final Rule on Unlawful Hostile Environment and Quid Pro Quo Harassment

by Clark Hill PLC on

On September 14, 2016, the Department of Housing and Urban Development ("HUD") issued a final rule, "Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices under the Fair Housing...more

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