Courts likely to apply same discrimination theories in HUD, CFPB cases

The Bureau may enforce the law by filing an action in federal district court or by initiating an administrative adjudication proceeding. Administrative proceedings are conducted by an Administrative Law Judge, who holds hearings and issues a recommended decision.

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How HUD Could Dismantle a Pillar of Civil Rights Law. impact, a legal theory that has guided fair housing law for more than 50 years.. The Supreme Court has recognized this form of bias as prohibited under the Fair Housing. This means that a party looking to bring a discrimination case under the Fair.

Philip Tegeler, executive director of the Poverty & Race Research Action Council, called the plan "a deeply cynical proposal that would put most types of modern housing discrimination beyond the reach of the courts." HUD had long interpreted the Fair Housing Act as creating liability for practices that had an unjustified or disparate impact.

US Department of Housing and Urban Development HUD issued a notice of. impact” rule to Supreme Court's Inclusive Communities Decision. The FHA prohibits discrimination in housing based on race, color, religion, sex, it was reexamining its use of disparate impact theory under the ECOA “in light.

HUD to Evaluate Disparate Impact Discrimination Standard. The disparate impact standard has been used by HUD, as well as the federal banking agencies, the Consumer financial protection bureau (CFPB) and the US Department of Justice (DOJ), to allege unfair lending practices by banks, nonbank mortgage and consumer lenders,

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The complaint alleged discrimination against African Americans in the rental and inspection of apartments. The case was developed through testing conducted by the Fair Housing Center of Southeastern Michigan, which filed suit on July 16, 2009, alleging the same violations. The cases were later consolidated by the court.

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Because the CFPB and the Department of Housing and Urban Development both pushed to define disparate impact as an appropriate legal theory in discrimination cases, the Supreme Court ruling in.

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