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Home » Store » News » Lenders Say Disparate Impact Doesn’t Fit Under Fair Housing Act; U.S. Says it Does, Give HUD Its Due

Lenders Say Disparate Impact Doesn’t Fit Under Fair Housing Act; U.S. Says it Does, Give HUD Its Due

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Mortgage industry groups are urging the U.S. Supreme Court to pay close attention to the wording of the Fair Housing Act – specifically phrasing that’s not in the 1968 law – in deciding whether fair lending charges can be brought on the basis of disparate impact. In an amicus brief filed in the case of Magner v. Gallagher, mortgage trade groups said the Fair Housing Act “requires proof of intentional discrimination and does not envision a violation based on disparate impact.” The brief was filed by K&L Gates on behalf of the Independent Community Bankers of America, the Consumer Mortgage...
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