Archive Links

Consumer Archive
CU System Archive
Market Archive
Products Archive
Washington Archive
150x172_CUEffect.jpg
Contacts
LISA MCCUEVICE PRESIDENT OF COMMUNICATIONS
EDITOR-IN-CHIEF
MICHELLE WILLITSManaging Editor
RON JOOSSASSISTANT EDITOR
ALEX MCVEIGHSTAFF NEWSWRITER
TOM SAKASHSTAFF NEWSWRITER

News Now

Washington
Supreme Court Will Hear Fair Housing Case
WASHINGTON (6/18/13)--The U.S. Supreme Court Monday announced it will hear a case that could decide the fate of the application of disparate impact theory under the Fair Housing Act. Disparate impact focuses on discrimination based on effects and not intent.  The case, known asMount Holly v. Mount Holly Citizens In Action Inc. (No.11-1507), is detailed in the June 17 issue of the Credit Union National Association's Regulatory Advocacy Report.

The case concerns a New Jersey township's plan to redevelop a blighted residential area occupied predominantly by low- and moderate-income minority households. The suit alleged that a disproportionate number of minorities would be affected by the relocation required by the plan and would be unable to afford the new housing proposed under the plan.

The current issue of the RAR notes that the Fair Housing Act makes it unlawful to "refuse to sell or rent after the making of a bona fide offer … or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin."  Despite the lack of textual support for disparate impact claims in the Fair Housing Act, the federal appeals courts have permitted the claims to proceed.

CUNA's regulatory experts explain that the case is important because the Consumer Financial Protection Bureau has also insisted that disparate impact claims are viable under the Fair Housing Act and the Equal Credit Opportunity Act even though they are not supported by the text of the statutes.

"The CFPB has discussed the use of disparate impact analysis in a letter discussing indirect lending. A decision in Mount Holly could very well determine the extent the CFPB can use disparate impact moving forward," says the RAR.

The Regulatory Advocacy Report is an important resource for CUNA members that compiles the hottest regulatory issues and information weekly.  CUNA members can access it and subscribe by using the resource link below.
Other Resources

Regulatory Advocacy Reports
RSS





print
News Now LiveWire
Consumers depending heavily on financing for new autos: 84% look for loans says @Experian http://t.co/iV93NSdp0x
40 minutes ago
Consumer credit ticks up slightly in Jan http://t.co/nAmR7fyGLi
3 hours ago
RT @cumagazine: Make a good impression during your #CUNAGAC Hill visits: 8 tips http://t.co/C4gtRbQG2s
4 hours ago
Taking a walkthrough before #CUNAGAC starts this weekend. http://t.co/k9hktHjm9b
4 hours ago
There will be lots of social media action at 2015 #CUNAGAC that starts in D.C. this Sunday. http://t.co/vyP4XbtFbk
5 hours ago