Links in “Discriminatory Practices/Disparate Impact”
- Disparate Impact Case Proceeds in Supreme Court
Township of Mount Holly files its opening brief in the U.S. Supreme Court; at stake is whether disparate impact claims or only "purposeful discrimination" are cognizable under the Fair Housing Act. [8/29]
- Fifth Third’s HUD Problem
More on the charge against the Cinncinnati's-based lender. Couple claims they were required to provide a physician's statement for proof of disability, but federal law bars lenders from inquiring about the nature or severity of a disability. [8/26]
- HUD Pursues Discrimination Charges Against Fifth 3rd Bank
HUD charges Fifth 3rd with discrimination on basis of disability for requiring unnecessary medical documentation from elderly couple in order to qualify the couple for a Federal Housing Administration (FHA) loan. Significantly larger fair lending impact on underwriting process likely to emerge. [8/23]
- CFPB Countersues Morgan Drexen
Last month, Morgan Drexen sued the CFPB, claiming its structure violates the Constitutionâs separation of powers. This week, CFPB sued Morgan Drexen alleging the company charged advance fees for debt relief services in violation of the Telemarketing Sales Rule (TSR) and engaged in deceptive acts and practices in violation of the Consumer Financial Protection Act (CFPA). [8/22]
- “Disparate Impact” on Trial: Case Before the Supreme Court On Hold
A NJ town that demolished a predominantly minority neighborhood is being sued for "disparate impact," but is arguing that the intent to discriminate must be proved; SCOTUS may not weigh in on this Fair Lending matter after all, as both sides have requested a delay in court proceedings to Aug. 1 to seek a settlement. [7/8]
- CFPB $6.5 Million Fine Against US Bank for Deceptive Auto Program Aimed at Servicemembers
Critical lessons for all auto lenders to avoid enforcement penalties, supervisory citations and regulatory enforcement. Important lessons. Expands key UDAAP-Type Principles. [6/28]
- Catch-22: Comply with CFPB or HUD?
Quality mortgages safe harbor provisions of CFPB may collide with HUD's disparate impact test. [6/28]
- CFPB’s Cordray: Outside of Mortgage Lending, Fair Lending Efforts Are Weak
In response to requests from congress, Cordray responds in a letter that the CFPB is examining possible discrimination beyond the housing and auto finance market. [6/25]
- SCOTUS to Decide Whether Disparate Impact Can Be Brought Under Fair Housing
Supreme Court plans to hear a case that will determine whether discrimination claims based on effect, rather than intent, are viable under the Fair Housing Act; CFPB and some federal appeals courts have taken the position that disparate impact claims can be brought under both the FHA and the Equal Credit Opportunity Act, despite the fact that the plain language of the statutes donât specifically allow for these types of claims. [6/19]
- HUD: While Blatant Forms of Discrimination Disappearing, Subtle Forms Persist
Minorities are shown fewer homes, face other subtle discrimination that could increase costs or prolong their home search. [6/13]
