ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Mortgage

ABA, State Associations Call on HUD to Clarify Disparate Impact

June 14, 2017
Reading Time: 1 min read

Responding to a request by the Department of Housing and Urban Development for suggestions of outdated or ineffective regulations, the American Bankers Association and state bankers associations in all 50 states today called for changes to HUD’s rule implementing the Fair Housing Act discriminatory effects standard, calling the rule “outdated and legally wrong.”

The groups noted that the rule stands in direct conflict with a Supreme Court decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, which held that “disparate impact” analysis to demonstrate discrimination claims is recognized under the Fair Housing Act, but included key limitations that placed the burden of proof in disparate impact cases with the plaintiffs. In addition, the groups pointed out that the rule provides no real-world guidance to promote compliance with the Fair Housing Act.

“The direct conflict between the rule and Inclusive Communities deprives regulated entities of certainty as to how disparate impact will be defined and applied under the Fair Housing Act,” the groups wrote. “A rule that creates, rather than eliminates, confusion undermines its own purpose and is entirely ineffective.”

ABA and the state associations have long called on the regulatory agencies to include the Supreme Court’s reasoning in formal guidance and exam procedures, and noted in the letter that they are willing to collaborate with HUD to develop a rule consistent with the legal precedent set by the Inclusive Communities decision.

Tags: Disparate impactFair lending
ShareTweetPin

Author

Monica C. Meinert

Monica C. Meinert

Monica C. Meinert is a senior editor at the ABA Banking Journal and VP for executive communications at the American Bankers Association.

Related Posts

FHLB releases 2023 Report to Congress

Senate housing legislation likely delayed until 2026

Mortgage
December 10, 2025

The ROAD to Housing Act is a package of bills aimed at improving housing affordability. House Republicans opposed attaching it to the defense bill, arguing that they want a say in shaping housing policy.

OCC’s Gould: Bank regulation should not distract banks from business challenges

OCC’s Gould criticizes court ruling to enforce Colorado rate cap

Legal
December 9, 2025

Comptroller of the Currency Jonathan Gould criticized a recent federal court decision leaving in place a Colorado law that caps interest rates and fees on loans to state residents, saying it puts state banks at a competitive disadvantage...

FHA, VA sunset certain home loan-related policies

Study: Mortgage servicing apps deliver ‘uneven’ user experience

Mortgage
December 9, 2025

According to new J.D. Power study of U.S. mortgage servicers, a slower industry-wide adoption of mobile apps is resulting in a “decidedly uneven” digital user experience. Some mortgage servicing apps are delivering on industry best practices, others are...

CPFB report claims health savings accounts have ‘hidden costs’

IRS issues guidance on health savings account provisions in tax bill

Human Resources
December 9, 2025

The IRS released guidance on new tax benefits for health savings account participants under a tax package passed by Congress earlier this year.

Fed, FDIC withdraw statements on managing risks for crypto

OCC: National banks can engage in riskless principal crypto transactions

Compliance and Risk
December 9, 2025

The OCC issued new guidance for agency staff stating that national banks may engage in riskless principal crypto-asset transactions.

Poll: Small business owners optimistic about the future

NFIB: Small-business optimism edged up in November

Economy
December 9, 2025

The NFIB Small Business Optimism Index rose 0.8 points in November to 99, remaining above its 52-year average of 98.

NEWSBYTES

OCC’s Gould criticizes court ruling to enforce Colorado rate cap

December 9, 2025

IRS issues guidance on health savings account provisions in tax bill

December 9, 2025

OCC: National banks can engage in riskless principal crypto transactions

December 9, 2025

SPONSORED CONTENT

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

November 1, 2025
5 FedNow®  Service Developments You May Have Missed

5 FedNow® Service Developments You May Have Missed

October 31, 2025

Cash, Security, and Resilience in a Digital-First Economy

October 20, 2025
Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

October 1, 2025

PODCASTS

Podcast: The outlook for tech-forward community banking

December 4, 2025

Podcast: The Erie Canal at 200

November 6, 2025

Podcast: Why branches are top priority for PNC

October 23, 2025

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2025 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2025 American Bankers Association. All rights reserved.