Feds Looking to Curb Disparate Impact in Fair Lending Cases

June 5, 2019, 4:55 PM UTC

The Consumer Financial Protection Bureau may find a model for restricting the use of statistics in fair lending cases when another federal agency releases a long-awaited proposal.

The Department of Housing and Urban Development is expected to raise the threshold for bringing cases alleging Fair Housing Act violations that rely on lending statistics. A HUD proposed rule that could provide greater protection for mortgage lenders is pending before a White House regulatory office.

Disparate impact, a legal theory that allows for the use of statistics to bring discrimination claims based on the outcome of lending decisions even if there is ...

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