News & Analysis as of

Department of Housing and Urban Development Rulemaking Process

Sheppard Mullin Richter & Hampton LLP

FHA’s Releases 12-Hour Cyber Incident Notification Rule

On May 23, the U.S. Department of Housing and Urban Development (HUD) announced that Federal Housing Administration-approved Mortgagees are subject to a heightened cybersecurity incident reporting regime. The new requirement,...more

Davis Wright Tremaine LLP

Banking and Consumer Regulatory Digest - May 2024

Bank for International Settlements. Credit risk management. On April 30, 2024, Bank of International Settlements issued updated guidance on counterparty credit risk management. The fresh guidance reaffirms the need for...more

Mintz - Antitrust Viewpoints

Federal Agencies Take Sweeping Action on AI in Accordance with AI EO — AI: The Washington Report (Part 2 of 2)

President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the...more

ArentFox Schiff

FTC Proposes Rule to Ban Hidden and Falsely Advertised Fees

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The Federal Trade Commission (FTC) has proposed a new rule aimed at eliminating certain "hidden" and "junk" fee practices. The FTC said that these fees, which may be undisclosed until late in the transaction process, are...more

Goodwin

HUD Announces Final Rule Restoring 2013 Discriminatory Effects Standard

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On March 17, the U.S. Department of Housing and Urban Development (HUD) announced that it had submitted a Final Rule entitled Restoring HUD’s Discriminatory Effects Standard. The Rule reinstates HUD’s 2013 discriminatory...more

Ballard Spahr LLP

HUD issues final rule revising its FHA disparate impact standards to reflect SCOTUS Inclusive Communities decision

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On September 4, 2020, the Department of Housing and Urban Development (“HUD”) issued a final rule revising its 2013 Fair Housing Act (“FHA”) disparate impact standards (“2013 Rule”) to reflect the U.S. Supreme Court’s 2015...more

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HUD’s Revised Rule Makes “Disparate Impact” Claims Under the Fair Housing Act More Difficult

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Late last week, the U.S. Department of Housing and Urban Development issued its final order relating to claims of “disparate impact” under the Fair Housing Act. Under the theory of disparate impact, the Fair Housing Act can...more

Ballard Spahr LLP

Treatment of models under HUD’s proposed disparate impact rule: our thoughts

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In its proposed disparate impact rule published in today’s Federal Register, HUD sets forth a framework for making (and defending against) claims of disparate impact under the Fair Housing Act.  In this blog post, we take a...more

Ballard Spahr LLP

HUD publishes proposed revisions to disparate impact rule

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HUD’s proposed revisions to its disparate impact rule were published in today’s Federal Register.  Comments on the proposal are due on or before October 18, 2019. ...more

Ballard Spahr LLP

Proposed changes to HUD disparate impact rule would create new burden-shifting framework to reflect Inclusive Communities

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The Department of Housing and Urban Development is expected to soon release proposed revisions to its 2013 rule under which HUD or a private plaintiff can establish liability under the Fair Housing Act (FHA) for...more

Ballard Spahr LLP

HUD Reduces Maximum LTV for FHA Cash-Out Refinance Loans

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In Mortgagee Letter 2019-11, the U.S. Department of Housing and Urban Development (HUD) announced that it is reducing the maximum loan-to-value ratio and combined maximum loan-to-value ratio on cash-out refinance mortgages...more

Ballard Spahr LLP

HUD says “no” to DACA recipients

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For some time the mortgage industry, without success, has asked the US Department of Housing and Urban Development to provide a clear answer to the question of whether Deferred Action for Childhood Arrival (DACA) recipients...more

Ballard Spahr LLP

RAD for PRACs Notice Released for Public Feedback

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Earlier last week HUD released a draft section for the next revision of the RAD Notice for review and comment. This draft section addresses the implementation of “RAD for PRAC”,...more

Ballard Spahr LLP

Will HUD propose a revised disparate impact rule by December 18?

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In June 2018, HUD issued an advance notice of proposed rulemaking (ANPR) seeking comment on whether its 2013 Fair Housing Act disparate impact rule (Rule) should be revised in light of the U.S. Supreme Court’s 2015 Inclusive...more

Ballard Spahr LLP

HUD AFFH Advance Notice of Proposed Rulemaking Published

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As indicated earlier this week, HUD is seeking comments to inform revisions to its Affirmatively Furthering Fair Housing rule. We have been waiting for official publication of the advance notice of proposed rulemaking (ANPR)...more

Ballard Spahr LLP

What the D.C. Circuit’s PHH decision means for CFPB rulemaking

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In its decision last week in PHH Corporation v. CFPB, the D.C. Circuit ruled that the CFPB’s single-director-removable-only-for-cause structure is unconstitutional. While the D.C. Circuit (in footnote 19) noted that it “need...more

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