News & Analysis as of

Fair Housing Act (FHA)

Ballard Spahr LLP

HUD proposes to remove its Fair Housing Act disparate impact rule

Ballard Spahr LLP on

We have previously reported on the tortured history of the disparate impact rule adopted by the U.S. Department of Housing and Urban Development (HUD) under the Fair Housing Act, most recently here. HUD now proposes to remove...more

Mayer Brown

Attention Lenders: New Jersey Issues Disparate Impact Regulations

Mayer Brown on

The New Jersey Division on Civil Rights (the “Division”) recently finalized revisions to the state’s disparate impact regulations. The regulations implement New Jersey’s Law Against Discrimination (“LAD”), which state...more

Offit Kurman

December’s Enduring Legacy: From Emancipation to Equitable Housing

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Every December, we are encouraged to reflect on a defining milestone in American constitutional and civil rights history – the ratification of the 13th Amendment on December 6, 1865....more

Nelson Mullins Riley & Scarborough LLP

HUD Just Reset the Rules: Here’s What Developers and Owners Need to Know

The U.S. Department of Housing and Urban Development (HUD) just issued a major update on criminal-record screening and rolled back several prior guidance documents. This article explains what’s changed, what HUD expects from...more

ArentFox Schiff

Trump Administration Likely to Shield Property Insurers From ‘Disparate Impact’ Liability Under Fair Housing Act

ArentFox Schiff on

On April 23, President Donald J. Trump issued Executive Order (EO) No. 14281 entitled “Restoring Equality of Opportunity and Meritocracy,” which qualifies “disparate-impact liability” as “pernicious” and concludes that...more

GeoDataVision

FDIC Announces Big Change to Consumer Compliance Exam Frequency

GeoDataVision on

A golden opportunity has been lost - On November 7, the FDIC announced a change to the consumer compliance examination cycle....more

Lerch, Early & Brewer

Handle With Care

Lerch, Early & Brewer on

Community association boards need to be thoughtful and deliberate when considering reasonable accommodations or modifications. Follow our guide to processing requests under the federal Fair Housing Act....more

Seyfarth Shaw LLP

Federal Pro Se ADA Title III and FHA Lawsuit Numbers Surge, Likely Powered by AI

Seyfarth Shaw LLP on

Pro se plaintiffs are filing more ADA Title III and FHA complaints using AI tools that enable harassing litigation tactics....more

Orrick, Herrington & Sutcliffe LLP

FTC and HUD announce updates pertaining to government shutdown

On October 1, the FTC announced it is closed as of midnight on Wednesday due to a lapse in government funding, which renders unavailable the National Do Not Call Registry for both consumers and telemarketers, and the FTC’s...more

Troutman Pepper Locke

HUD’s New Direction in Fair Housing Act Enforcement and Rescission of Certain Office of Fair Housing and Equal Opportunity...

Troutman Pepper Locke on

Recently, the U.S. Department of Housing and Urban Development (HUD) issued two memoranda that clarify HUD’s role in enforcing the Fair Housing Act (FHA), explain how future enforcement efforts will proceed, and officially...more

Orrick, Herrington & Sutcliffe LLP

Congressional groups pen letter to House leaders on fair housing funding

Recently, leaders from the U.S. House received a letter which had been announced by chairs of four congressional groups (the New Democrat Coalition Housing Task Force, the Congressional Asian Pacific American Caucus, the...more

Orrick, Herrington & Sutcliffe LLP

Democratic senators urge FHFA’s Pulte to refocus on housing affordability

On August 29, three Democratic senators submitted a letter to FHFA Director Bill Pulte to urge him to prioritize lowering housing costs and expanding access to affordable homeownership. The letter — signed by Sens. Elizabeth...more

Orrick, Herrington & Sutcliffe LLP

Mortgage lender files writ of cert. with SCOTUS

On August 25, the U.S. Supreme Court received a writ of certiorari from a mortgage lender (the petitioner) challenging a decision by the U.S. Court of Appeals for the 2nd Circuit upholding a jury verdict finding the...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest September 2025

Welcome to the September 2025 edition of MHH's Condo/Co-op Digest. We hope our readers enjoyed their August holidays as much as we did and that all of their summer capital improvement projects are all underway and on...more

Troutman Pepper Locke

FDIC Updates Consumer Compliance Examination Manual to Eliminate Disparate Impact Analysis in Response to President Trump’s...

Troutman Pepper Locke on

On August 29, the Federal Deposit Insurance Corporation (FDIC) announced updates to its Consumer Compliance Examination Manual, marking a pivotal shift in how potential discrimination under the Equal Credit Opportunity Act...more

Adams & Reese

Landlord Scores Major Ruling in Emotional Support Animal Fee Waiver Case

Adams & Reese on

Adams & Reese recently obtained a landmark win for a housing provider, securing a ruling that it did not have to automatically waive its animal fee for a tenant with an emotional support animal (ESA) under the Fair Housing...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published June 2025

The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include: Uninjured Class Members. The Supreme Court had originally granted a writ to decide whether federal...more

Orrick, Herrington & Sutcliffe LLP

District court denies class cert. against bank for alleged redlining

On August 5, the U.S. District Court for the Northern District of California denied a motion for class certification in a case where the plaintiffs alleged a bank illegally discriminated against non-white home loan...more

Orrick, Herrington & Sutcliffe LLP

District court grants partial TRO to housing orgs. in suit against HUD

On July 28, the U.S. District Court for the District of Columbia granted in part a temporary restraining order requiring HUD to comply with its statutory obligations under the Fair Housing Act and develop a detailed plan to...more

Ballard Spahr LLP

Federal Judge rejects request to release ESSA Bank from redlining settlement

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A federal judge has rejected the Trump Administration’s request to release from court supervision a bank that had been accused of discriminatory lending....more

Whiteford

Client Alert: Emotional Support Animals in Community Associations: Balancing Fair Housing Obligations with Resident Expectations...

Whiteford on

For community associations, few issues require more careful balancing of the individual rights of owners and the collective community interests than accommodation requests for emotional support animals (“ESA”). Under the...more

Troutman Pepper Locke

HUD and OMB Effectively Disband the PAVE Task Force

Troutman Pepper Locke on

On July 10, the U.S. Department of Housing and Urban Development (HUD) and the Office of Management and Budget (OMB) jointly announced the effective disbandment of the interagency Property Appraisal and Valuation Equity...more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – July 2025 # 2

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Miller Starr Regalia

Anti-Discrimination And Disability Rights In Real Estate: Past, Present, And Future

Miller Starr Regalia on

Despite decades of legislative progress, individuals with disabilities continue to face significant barriers in finding fair and accessible housing. From inaccessible design to unlawful denials of reasonable accommodations,...more

FBT Gibbons LLP

Reasonable Accommodations and Modifications for Tenants Under the Fair Housing Act

FBT Gibbons LLP on

Most multifamily owners and managers are aware that discrimination against disabled tenants can result in litigation and increase the project’s operating expenses. However, the Fair Housing Act (FHA) not only prohibits...more

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