News & Analysis as of

Fair Housing Act (FHA) Housing Market

Ballard Spahr LLP

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

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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

Troutman Pepper

HUD Issues Guidance on Applicability of the Fair Housing Act to Tenant Screening and Housing-Related Advertising That Relies Upon...

Troutman Pepper on

On May 2, the U.S. Department of Housing and Urban Development (HUD) released two sets of guidance addressing the applicability of the Fair Housing Act (FHA) to two areas where, in the agency’s view, algorithmic processes and...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Enacts Landmark Legislation to Overhaul Affordable Housing Laws

On March 20, 2024, New Jersey enacted legislation which substantially revises the Fair Housing Act governing housing for low-income and moderate-income families in New Jersey. The new law is intended to streamline compliance...more

Burr & Forman

HUD Clarifies Standard Applicable to “Discriminatory Effects” Claims Under Fair Housing Act

Burr & Forman on

Under the Fair Housing Act, it is unlawful for a seller, lessor, or financier of housing to discriminate based on race, color, religion, sex (including sexual orientation and gender identity), disability, familial status, or...more

Orrick, Herrington & Sutcliffe LLP

Real estate brokerage firm settles claims of discriminatory practices

On March 15, the New York attorney general announced a settlement with a real estate brokerage firm to resolve claims that it allegedly discriminated against Black, Hispanic, and other homebuyers of color on Long Island. ...more

Goodwin

HUD Announces Final Rule Restoring 2013 Discriminatory Effects Standard

Goodwin on

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

Orrick, Herrington & Sutcliffe LLP

HUD proposes streamlined AFFH rule

Recently, HUD announced plans to publish a notice of proposed rulemaking (NPRM) entitled “Affirmatively Furthering Fair Housing” (AFFH). The new rule will update a 2015 final rule that was intended to implement the Fair...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

Goodwin

CFPB and DOJ Order Mortgage Company to Pay Over $22 Million for Advertising and Marketing Discrimination

Goodwin on

​​​​​​​On July 27, 2022, the Consumer Financial Protection Bureau (CFPB) and U.S. Department of Justice (DOJ) filed a complaint and proposed consent order in a federal district court alleging that a mortgage company...more

Manatt, Phelps & Phillips, LLP

Fair Lending: HUD to Reinstate Lower Bar for Proving Disparate Impact

On June 25, the Department of Housing and Urban Development (HUD) published in the Federal Register a proposal to rescind its own 2020 disparate impact rule (2020 Rule). In its place, HUD is proposing to recodify and restore...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

Lowndes

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

Lowndes on

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

Fox Rothschild LLP

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

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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

Lowndes

Emotional Support Animals: Do They Have To Live Here?

Lowndes on

Recognizing the drastic increase in the number of requests being made to housing providers for “emotional support animals” by residents who do not appear to be disabled, at the end of January, the U.S. Department of Housing...more

Ballard Spahr LLP

House Financial Services Committee to hold Oct. 23 hearing on Facebook

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Tomorrow, October 23, the House Committee on Financial Services will hold a hearing entitled “An Examination of Facebook and Its Impact on the Financial Services and Housing Sectors.” ...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

Morrison & Foerster LLP - MoFo+

MoFo Takes a Stand Against Housing Discrimination

MoFo pro bono lawyers, along with organizations like the Equal Rights Center (ERC) and the Washington Lawyers’ Committee for Civil Rights and Urban Affairs (WLC), are trying to put an end to housing discrimination in all its...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

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

Ballard Spahr LLP on

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

Ballard Spahr LLP

HUD to Seek Comment on Whether Disparate Impact Rule is Consistent With Supreme Court Decision

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The U.S. Department of Housing and Urban Development (HUD) recently announced that it will “formally seek the public’s comment on whether its 2013 Disparate Impact Regulation is consistent with the 2015 U.S. Supreme Court...more

Ballard Spahr LLP

Housing group announces settlement of FHA lawsuit alleging insurance-related discrimination

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The National Fair Housing Alliance (NFHA) has announced a settlement in its lawsuit against Travelers Indemnity Company in which it alleged that Travelers engaged in discriminatory conduct in violation of the Fair Housing Act...more

Fox Rothschild LLP

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

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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

Butler Snow LLP

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

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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

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