Items Tagged with 'Disparate Impact'


  • HUD signals changes could be coming to disparate impact rule

    Invites comment on whether HUD rule is “consistent” with Supreme Court ruling
    Changes could be on the way for the Department of Housing and Urban Development’s disparate impact rule. The rule, which was enacted by HUD during the Obama administration, is used as a method of enforcing the Fair Housing Act. Now, HUD is planning to invite comment from the public on whether its rule is "consistent" with a landmark Supreme Court ruling from 2015.
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  • Treasury calls for HUD to “reconsider” use of disparate impact rule

    Third financial reform report questions rule’s effect on insurance industry
    The Department of the Treasury released its third of four reports that call for sweeping financial reform. The reports come at the direction of President Donald Trump, who signed an executive order in February directing Treasury Secretary Steven Mnuchin to examine the nation’s financial laws. The report focuses on asset management and insurance, and while most of the report deals with issues outside of housing, there is one piece that touches on an item of note for the housing industry – disparate impact.
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  • Mortgage bankers, trade groups want meeting with Sessions over DOJ’s fair lending enforcement

    Ask attorney general to review Trump administration’s tactics
    Several of the largest trade organizations in banking want to meet with Attorney General Jeff Sessions to discuss how the Trump administration’s approach to fair lending laws and if the current administration plans to enforce those laws any differently than the previous administration did.
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  • From HW Magazine

    What the Supreme Court's disparate impact ruling means for lenders

    Lower courts have to work out specifics
    "The questions become, ‘Do the courts find a distinction between housing policy and lending, as in whether to make a loan and how you price that loan? Does the government get broader discretion than the private sector?’ ” Andreano said. “It’s not fleshed out.”
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  • Monday Morning Cup of Coffee: Mortgage lenders "routing" homebuyers to FHA?

    Ocwen, Nationstar results also coming soon
    Lower credit scores are leading to higher mortgage costs, according to an article in the Seattle Times. There is a new opinion, separate from the many who view last month’s Supreme Court decision on "disparate impact" as a negative. Also, it’s time for the massive nonbanks to start weighing in with their earnings.
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  • Hurdles remain for disparate impact claims in housing despite SCOTUS ruling

    “Robust causality” requirement could protect mortgage lenders
    On Thursday the Supreme Court ruled in a contentious and qualified opinion that the legal doctrine of “disparate impact” is cognizable under the Fair Housing Act, but a closer look at the ruling shows it may not be as perilous for the mortgage industry as initially thought. Read on.
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  • Supreme Court: Fair Housing Act claims can use “disparate impact”

    Color-blind policies that result in unequal outcomes may be discrimination
    In a blow to the housing and mortgage finance industry but a victory for fair housing advocates, the Supreme Court ruled in a contentious and qualified opinion that the legal doctrine of “disparate impact” is cognizable under the Fair Housing Act. Want to know more?
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