The Mortgage Bankers Association along with a half-dozen other industry trade groups asked the Department of Housing and Urban Development and the Consumer Financial Protection Bureau to clarify conflicting federal mortgage standards involving disparate impact, ability-to-repay and qualified mortgage rules, the MBA stated.  

The letter requested that the agencies provide written guidance that includes a clear safe harbor from liability in areas where multiple federal mortgage standards conflict.  

“Illegal discrimination has no place in this country, and we strongly support its prohibition under both the Fair Housing Act and under ECOA,” the letter said. “While we question the legal foundations underlying HUD’s final rule, especially the burden shifting standards, this letter seeks clarity on how the rule interacts with other requirements since the disparate impact liability concerns appear incompatible with other federal standards.”