Archive

LEP – ANOTHER CLOSE HIT

On November 29, 2021, the Department of Housing and Urban Development (HUD) and Inland Fair Housing and Mediation Board announced it has reached a Conciliation/Voluntary Compliance Agreement with National Community Renaissance; National Community Renaissance of California; Desert Meadows Housing Partners, LP; Victorville Housing Partners L.P.; and Cathedral Family Housing Partners, L.P., management agents and owners of four HUD-subsidized apartment complexes in southern California, resolving allegations that the property managers refused to rent to or provide adequate language services […]

OCC UPDATES CRA, FAIR HOUSING AND ECOA POSTERS AND NOTICES

On August 5, 2021, the Office of the Comptroller of the Currency (OCC) published OCC Bulletin 2021-35 which informs national banks, federal savings associations, and federal branches and agencies of foreign banking organizations of the appropriate names and addresses for notices required by the Community Reinvestment Act and Equal Credit Opportunity Act, and for posters under the Fair Housing Act. Community Reinvestment Act—Public Notice by Banks 12 CFR 25.30 requires banks to provide the public […]

HUD ENFORCING BAN ON DISCRIMINATION BASED ON GENDER IDENTITY OR SEXUAL ORIENTATION

On February 11, 2021 the U.S. Department of Housing and Urban Development issued a memorandum titled Implementation of Executive Order 13988 on the Enforcement of the Fair Housing Act. On January 20, 2021, President Biden issued Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. The Executive Order addresses the Supreme Court’s recent decision in Bostock v Clayton County, which held that the prohibitions against sex discrimination […]

SCOTUS SEXUAL ORIENTATION DECISION

On June 15, 2020 the U.S. Supreme Court (SCOTUS), in Bostock v Clayton County, Georgia (Bostock) ruled that firing an employee for being homosexual or transgender constitutes discrimination based on the employee’s sex in violation of Title VII of the Civil Rights Act. Bostock is an employment case in which SCOTUS determined that disparate treatment of  homosexual or transgender individuals is sex discrimination. Both the Equal Credit Opportunity Act (ECOA) and the Fair Housing Act […]

HUD PROPOSES FAIR LENDING DISPARATE IMPACT RULE

On August 19, 2019 the Department of Housing and Urban Development (HUD) proposed a rule to amend HUD’s interpretation of the Fair Housing Act’s disparate impact standard contained in HUD’s existing regulation 24 C.F.R. Part 100. The proposed rule makes it more difficult for a plaintiff to bring a disparate impact case and also  makes it more difficult for a plaintiff to recover punitive and exemplary damages. The proposed rule is good news for lenders […]