Hurdles remain for disparate impact claims in housing despite SCOTUS ruling

NAR to Congress: Turn Fannie and Freddie into Non-Profits  · ”NAR: What the Government Takeover of Fannie Mae and Freddie Mac Means to Housing Industry In short-term, home sales should improve as mortgage rates fall Washington, D.C. (September 8, 2008)-The federal government’s takeover of secondary mortgage giants Fannie Mae and Freddie Mac should cause a drop in mortgage rates in the short term that benefits home buyers, but.

SCOTUS Recognizes Disparate Impact Liability Under fair housing act, But With Limitations. Moreover, in the wake of the ruling, HUD just announced its the long-awaited Affirmatively Furthering Fair Housing (AFFH) rule , which will provide maps and data on historic segregation that cities will need to use to assess their progress in reducing segregation, increasing housing choice and promoting inclusivity.

The Supreme Court ruled on Thursday that policies that segregate minorities in poor neighborhoods, even if they do so unintentionally, violate the Fair housing act.. disparate-impact claims.

The U.S. Supreme Court Barely Saves the Fair Housing Act Disparate-impact claims survived in a 5-4 decision, but the narrow opinion suggests a tough fight ahead for civil-rights laws. Garrett Epps

INCLUSIVE COMMUNITIES AND DISPARATE IMPACT UNDER THE FAIR HOUSING ACT In its recent inclusive communities decision the supreme court held (5-4) that disparate impact claims are cognizable under the Fair Housing Act. The authors discuss disparate impact prior to the case, HUD’s disparate impact rule, and the Inclusive Communities decision.

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The Inclusive Communities Project, on whether the FHA also covers unjustified disparate impact discrimination. In a 5-4 ruling, the Court held that the FHA allows for disparate impact claims. The majority of the court upheld the theory that housing and lending policies that have a disparate impact on a protected group of people can be equally and illegally discriminatory.

The 5-4 decision holds that there is a disparate impact claim under the FHA as a matter of statutory interpretation.. impact claims in housing despite SCOTUS ruling.. remain for disparate.

Yesterday the Supreme Court weighed. Kennedy wrote that disparate impact has long been established in fair housing cases. "In light of the longstanding judicial interpretation of the FHA to.

Servicers urged to act quickly in mortgage settlement write-downs What's In a Qualified Written Request Letter – FRAUD STOPPERS. – What’s In a Qualified Written Request Letter "Qualified Written Requests" under RESPA put mortgage servicers in a troublesome place. But there’s law on their side to help distinguish legitimate issues from abuse and harassment

The HUD and supreme court standards diverge from each other, in that the Court’s opinion suggests a higher standard than that of HUD, which properly limits disparate impact claims to egregious, arbitrary and negative situations.

LIVE: Acting attorney general Matthew Whitaker testifies before the House Judiciary Committee HUD will seek comment on whether the disparate impact rule is aligned with SCOTUS decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.