Re: Implementation of the Fair Housing Act’s Disparate Impact Standard . ]” The proposal also includes a section containing a list of seven additional questions on which HUD seeks comment.CFPB, Federal Agencies, State Agencies, and Attorneys General
Dear Mr. Montgomery, Bank of America appreciates the commitment that the Secretary, you and the Department of I did not know much about the world at the time, but one thing was self-evident: Nothing good comes from rats.
Effective fair lending enforcement is an important piece of this discussion. . At the end of the day, this rule not only increases Americans’ access to fair and affordable housing, but also permits businesses and local governments to make valid policy choices." The Department of Housing and Urban Development is expected to soon release proposed revisions to its 2013 rule under which HUD or a private plaintiff can establish liability under the Fair Housing Act (FHA) for discriminatory practices based on disparate impact even if there is no discriminatory intent (Rule). HUD’s proposed revisions to our disparate-impact rule enhance our commitment to fairness for everyone.I understand that people may have differing opinions about the proposal. Today, the Department of Housing and Urban Development (HUD) introduced a proposal that would overhaul the Disparate Impact rule, a 2013 regulation from the …
(Robert Galbraith/Reuters) HUD’s proposed revisions to our disparate-impact rule enhance our commitment to fairness for everyone. The proposal also would clarify a number of issues with HUD’s current disparate impact standard, promulgated in 2013.
by the Consumer Financial Services Group at Ballard Spahr LLPWith regard to the defenses for algorithmic models, HUD comments that such defenses “are intended to ensure that disparate impact liability is ‘limited so employers and other regulated entities are able to make the practical business choices and profit-related decisions that sustain a vibrant and dynamic free-enterprise system.’” It comments further that the defenses “are not intended to provide a special exemption for parties who use algorithmic models, but merely to recognize that additional guidance is necessary in response to the complexity of disparate impact cases challenging these models.” The proposal’s preamble includes a discussion of how each of the defenses would operate and a request for comment on “the nature, propriety, and use of algorithmic models as related to the [three defenses.
. HUD has maintained — and reiterated Tuesday — that the proposal merely brings the agency’s interpretation of the disparate impact standard in line with a 2015 Supreme Court ruling. U.S. Department of Housing and Urban Development Washington, DC 20410 . The Mortgage Bankers Association along with the National Association of Realtors and certain large mortgage lenders recently wrote to HUD urging it to refrain from publishing its final rule on disparate impact claims under the Fair Housing Act.At a time when we as a nation are having important and too-long-ignored conversations about racial inequality, we believe it is appropriate to withhold publication of the final disparate impact rule. The rule has no impact on determinations of intentional discrimination. We welcome and encourage comment letters on any issues raised by the proposed rule and will consider all of them seriously to make sure the disparate impact regulation is as effective as it can be.Long before becoming a pediatric neurosurgeon and later HUD secretary, I grew up in tenement housing where there were rats the size of cats. A housing construction project in San Francisco, Calif., in 2015.
June 29, 2020 . No charge.As numerous recent actions taken by HUD demonstrate, such as our anti-discrimination lawsuits against Facebook and the city of Los Angeles and our investigation into San Francisco’s housing policies, HUD remains vigilant in our mission of pursuing justice on behalf of Americans who are victims of housing discrimination. HUD has maintained — and reiterated Tuesday — that the proposal merely brings the agency’s interpretation of the disparate impact standard in line with a 2015 Supreme Court ruling. The proposed rule, which HUD likely will finalize in 2020, would impose on plaintiffs a new five-part pleading requirement and create several new defenses. July 14, 2020 The Honorable Ben Carson Secretary U.S. Department of Housing and Urban Development 451 7th Street, SW Washington, DC 20410 Re: Fair Housing Act Disparate Impact Rule Dear Secretary Carson: On behalf of Wells Fargo, I write with a straightforward but important request: that HUD Carson defended HUD’s efforts to change the disparate impact standard.
The HUD proposed disparate impact rule provides a framework for establishing legal liability for facially neutral practices that have unintended discriminatory effects on classes of persons protected under the Fair Housing Act. However, history has also made clear that enforcement by itself is not enough to address the structural issues that have put homeownership and generational wealth-building beyond the reach of too many minority families and communities.
The rule has no impact on determinations of intentional discrimination.