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

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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HUD recently charged a New York property owner and manager with housing discrimination for allegedly refusing to allow a mother to have an assistance animal for her son and retaliating against the family for exercising their fair housing rights.

2014) (PCI suit), a federal court in Illinois held that the agency had given inadequate consideration to the arguments of the insurance industry, and it remanded the rule to HUD. to apply. And it.

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HUD Guidance on Limited English Proficiency Introduction . The Fair Housing Act (“Act”) prohibits discrimination in the sale, rental or financing of. On September 15, 2016 HUD issued guidance addressing how the disparate treatment and discriminatory effects tests apply to Fair Housing cases in which a. The following are likely not.

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courts had held that disparate impact was available to prove a claim – For decades, Regulation B provided that the effects test was available to prove an ECOA violation – HUD issued an interpretative rule that stated clearly that disparate impact was a viable theory under the FHA – The CFPB and the federal banking agencies also

The Court further held that Plaintiffs’ aiding and abetting claims and unjust enrichment claims were also “necessarily derivative” and therefore were dismissed for the same reasons. because they.

The amicus program is designed to help the courts correctly interpret federal consumer financial law. This program does not assist individual consumers in their litigation with financial companies, even in cases in which the CFPB files an amicus brief. The CFPB has many different programs to implement and enforce the law and to protect consumers.

District Court Rejects CFPB Restitution and Penalty Demand. The case represents the second time that a federal district judge has rejected the CFPB’s expansive view of remedies following a bench trial. The CFPB’s loss suggests that parties willing to litigate against the CFPB may achieve success even if they lose on the merits,

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The Supreme Court case centers on whether this discrimination. segregation is likely to be prevalent. “The market is going to work to de facto disadvantage lower-income residents,” Bratt told me.