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On June 25, 2021, HUD published a notice of proposed rulemaking that would withdraw its 2020 disparate impact final rule and reinstate its 2013 final rule. The announcement stems from a January 26, 2021 Presidential Memorandum that directed HUD to reassess, among other items, the impact of the 2020 disparate impact final rule. The 2013 final rule had codified discriminatory effects (also termed disparate impact) liability under the Fair Housing Act based on existing case law. The 2020 final rule, among other revisions, added new pleading requirements and defenses.
As background, in 2013, HUD published a final rule to ‘‘formalize its long-held recognition of discriminatory effects liability under the [Fair Housing] Act and, for purposes of providing consistency nationwide, formalize a burden-shifting test.’’ However, in 2020, HUD published a final rule that made significant changes. In its lead-up to the
HUD Proposes Reviving Discriminatory Effects Standard for FHA Claims | Troutman Pepper jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
Perspectives By
James Scanlan | April 4, 2021, 8:02 PM EDT
James ScanlanThere exists an essentially universal belief that generally reducing adverse criminal justice outcomes will tend to reduce (a) relative racial differences in rates of experiencing the outcomes (as commonly presented in terms of the ratio of the rate for Black individuals to that of white individuals) and (b) the proportion Black individuals make up of persons experiencing the outcomes (compared with the proportion they make up of the population).
The belief underlies the calls for defunding the police that were heard in many places over the past year. The belief also plays an important role in support for criminal justice reforms aimed at generally reducing prison populations, expanding options for pretrial release and diversion programs for defendants with low risk of recidivism, de-incentivizing traffic stops, and modifying police practices in ways that can reduce all adverse interactions between
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In addition to dramatically changing the policies of former President Trump on the pandemic, the economy, immigration, and other key issues, the Biden Administration is likely to substantially increase the federal government’s oversight of the insurance industry in at least two ways. First, by regulating non-bank companies that own insurers, and, second, through HUD, scrutinizing homeowners insurers for discriminatory underwriting, rating, and claims practices.
A. The Federal Reserve May Again Supervise Non-Bank Companies Which Own Insurers
The federal Financial Stability Oversight Council, under the leadership of Treasury Secretary Yellen, will probably revive the Obama Administration view that large financial firms that own operating insurance companies are fit candidates for designation as “systemically important financial institutions,” whose solvency will ultimately be regulated by the Federal Reserve.