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

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But same-sex couples still face housing discrimination. And LGBTQ mortgage applicants are less likely to secure loan approval and more likely to pay higher interest rates and fees. Here’s how to.

The Department of Justice also brings cases where a housing discrimination complaint has been investigated by the Department of Housing and Urban Development, HUD has issued a charge of discrimination, and one of the parties to the case has "elected" to go to federal court. In FHA cases, the Department can obtain injunctive relief, including.

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A federal district court in Kentucky recently ruled against the CFPB in a long-standing case under the Real estate settlement procedures act (respa) involving a Louisville, Kentucky law firm Borders & Borders, PLC (Borders).

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The CFPB referred to a 2015 Supreme Court decision in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, as its reason for re-examining disparate impact. The decision said that disparate impact claims, under which a lender can be cited for unintentional discrimination, require that a plaintiff prove a defendant’s policies caused the alleged disparity.

Court Case Challenges CFPB’s Power. problems," PHH argued in a court filing. "The CFPB places legislative, executive and judicial power all ‘in the same hands’ of a single person.

Even more far-reaching, however, was the U.S. Supreme Court’s 1971 ruling in Griggs. and the Department of Housing and Urban Development (HUD). A new player in Washington, the Consumer Financial.

courts have generally hel4 that these precedents from the employment discrimination field should be followed in interpreting the Fair Housing Act. Under Title VII, a plaintiff may pursue a claim under either a disparate treatment theory (discriminatory intent) or a discriminatory impact theory (discriminatory effect). The

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Philip Tegeler, executive director of the Poverty & Race Research Action Council, called the plan "a deeply cynical proposal that would put most types of modern housing discrimination beyond the reach of the courts." HUD had long interpreted the Fair Housing Act as creating liability for practices that had an unjustified or disparate impact.

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