Treasury Dept. Backs Away from Supporting FHFA Structure
April 7, 2017
The Treasury Department reneged on its support of the Federal Housing Finance Agency’s single- director structure last week. The issue stems from a recent PHH Mortgage-initiated lawsuit challenging the Consumer Financial Protection Bureau’s structure as unconstitutional, which led to questioning the similarly structured FHFA. Although the Treasury previously sided with the FHFA, the Trump administration decided to side with the mortgage lender. The Treasury Department is now making a similar argument that the FHFA’s structure is also unconstitutional. The CFPB and FHFA, the GSEs’ regulator, are independent agencies led by a single director whom the president can only fire for cause.