News & Analysis as of

Department of Housing and Urban Development Burden of Proof

Skadden, Arps, Slate, Meagher & Flom LLP

Proposed Rule Could Substantially Affect ‘Disparate Impact’ Claims Under the Fair Housing Act

In August 2019, the U.S. Department of Housing and Urban Development (HUD) proposed rulemaking that potentially would make it harder to bring disparate impact discrimination claims under the Fair Housing Act. The proposed...more

Hudson Cook, LLP

Fair Lending Developments: Wrestling with Causation

Hudson Cook, LLP on

The past year saw the lower courts wrestle with the aftermath of the U.S. Supreme Court’s decision in Bank of America Corp. v. City of Miami that, like the Court’s previous ruling in Texas Department of Community Affairs v....more

Ballard Spahr LLP

Massachusetts High Court Examines Disparate Impact Theory in Light of Recent Supreme Court Decision

Ballard Spahr LLP on

A ruling last week by Massachusetts' highest state court demonstrates courts' vigorous examination of disparate impact housing claims in light of recent judicial guidance, as well as the type of proactive measures property...more

Dechert LLP

U.S. Department of Housing and Urban Development Issues Final Rule Affirming Use of Disparate Impact to Establish Liability for...

Dechert LLP on

The U.S. Department of Housing and Urban Development (“HUD”) issued a final rule (“Rule”) on February 8, 2013, which provides additional support to potential government and private plaintiffs seeking to challenge “facially...more

Ballard Spahr LLP

HUD Issues Final ‘Discriminatory Effects’ Rule

Ballard Spahr LLP on

The Department of Housing and Urban Development has issued a final rule that provides that if a practice has a "discriminatory effect," HUD or a private plaintiff can establish liability under the Fair Housing Act (FHA), even...more

Morrison & Foerster LLP

HUD Issues Aggressive New Fair Housing Rule

The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule — which it plans to apply retroactively — is simply a codification of its...more

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