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

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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.

At the same time, the Court opined that disparate impact liability is properly limited in certain cases, such as in instances where a disparate impact claim is based solely on a showing of a statistical disparity. 6 The Court determined that plaintiffs seeking to establish a disparate impact theory of liability under a burden-shifting framework.

More than Subprime Resets: The Real Meaning of Two Waves When subprime lend-. down on their homes with no means to retain ownership, Memphis. mortgages (ARMs) that become problematic when the rates reset after two.. Perhaps nowhere is the foreclosure rate more troublesome than. lender, sometimes the fault of a real estate professional, sometimes.

Disparate impact, according to the article, is a legal theory. cases of measuring disparate impact is that it’s a model, and models are extremely squishy things. Two people asked to build a.

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Where a broker receives direct compensation from a borrower, the broker’s fee is likely charged to the borrower at or before closing, as a percentage of the loan amount (e.g., 1% of the loan amount) and through direct fees (such as an application fee, document preparation fee, processing fee, etc.).

is unlawful discrimination against a particular group or groups. Federal appellate courts in 11 circuits have held, and the U.S. Department of Housing and Urban Development agrees, that disparate impact claims are valid under the Fair Housing Act. Furthermore, it is likely that upcoming HUD regulations will moot the case, which should have counseled

Enforcement actions When we take an enforcement action against an entity or person we believe has violated the law, we will post court documents and other related materials here. The Bureau may enforce the law by filing an action in federal district court or by initiating an administrative adjudication proceeding.

A federal court judge in Connecticut has ruled that a class action lawsuit against Nestle Waters can proceed.. At that time the same federal judge in. In some cases, CFPB said consumers.

The holding on that point is highly significant, because the Dodd-Frank Act allows the CFPB to enforce laws administratively or in court and obtain the same remedies. Although RESPA sets a three-year statute of limitations, the CFPB says no limit applies to administrative actions.