Industry Trade Groups Urge HUD to Make Significant Changes to Its Disparate Impact Rule
State Attorneys General Oppose Changes
The urging to change the rule comes in light of 2015 SCOTUS ruling. The Rule specifies that liability can be determined under the Fair Housing Act based on a practice’s discriminatory effect even though the practice wasn’t driven by discriminatory intent. This white paper reviews the rule and discusses that a challenged practice may still be lawful if supported by a legally sufficient justification.
Barbara S. Mishkin is a partner at the Philadelphia office of Reed Smith LLP. Ms. Mishkin concentrates her practice on banking law and consumer compliance. She advises lenders on federal, Pennsylvania and New Jersey laws affecting residential mortgage transactions, second mortgage loan transactions, home equity loan programs, credit card and revolving loan programs, retail and personal installment lending, and motor vehicle, manufactured home and other retail installment credit sale transactions. Her clients include banks, thrifts, credit unions, mortgage lenders, finance companies and insurance companies. Ms. Mishkin received her J.D. degree, cum laude, from University of Pennsylvania Law School.
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