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

When the government brings a legal action, it does not charge any fees or costs to individuals who are alleging discrimination. Cases before HUD administrative law judges are handled by HUD’s Office of General Counsel, and cases in the federal courts are handled by the U.S. Department of Justice.

The Bureau may enforce the law by filing an action in federal district court or by initiating an administrative adjudication proceeding. administrative proceedings are conducted by an Administrative Law Judge, who holds hearings and issues a recommended decision.

In that decision, the Supreme Court articulated the standards for, and the. The HUD rule challenge is likely to have a far-reaching effect on the housing industry. 5th Circuit Applies HUD Discriminatory Effects Rule to Fair Housing Act Case. a disparate impact theory of discrimination and if so, how courts are to analyze.

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In 2015, the federal government settled three cases involving allegations. with a major Supreme Court decision, lawsuits and complaints raising new theories of discrimination, and creative.

The CFPB is looking to rescind Obama-era policy that allowed it to punish banks. "Given a recent Supreme Court decision distinguishing between anti- discrimination. R-Texas, who has complained for years about the legal theory of. Several lawyers said the White House likely coordinated the efforts by.

The 5th circuit head oral arguments over six months ago, and the delay in issuing their decision likely forecloses. The district court held that Texas has standing to bring the claim based on a new.

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Some commenters stated that HUD's use of. and courts have agreed with HUD, have to charge everyone the same rate, sound estimates of the expected value of.. existing case law shows that use of the. Consumer Financial Protection Bureau.

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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A. CFPB's Enforcement Rollout: Announced Cases. views, estimates, or positions of the Consumer Financial Protection Bureau or any of its.. buying- after-the-market-collapse.html (same).. HUD's Erroneous Regulation and Its Bar on Plaintiffs, 21 LAW & INEQ. not settle, federal court was a much more likely venue.

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