Women In Housing-2015

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50 | Th e M Rep o RT O r i g i nat i O n S e r v i c i n g a na ly t i c S S e c O n da r y m a r k e t SERVICING The laTesT disparate impact claims allowed Under Fair Housing act But cases imposing racial targets or quotas could Be unconstitutional, u.s. supreme court cautions. t he U.S. Supreme Court ruled by a 5-4 vote in the case of Texas Department of Housing and Community Affairs v. Inclusive Communities Project Inc. that disparate impact claims can legally be brought about under the Fair Housing Act of 1968. Justice Anthony Kennedy, who often has the swing vote in Supreme Court cases that are divided between the court's four liberal and four conservative justices, wrote the court's opinion on behalf of the majority. Justices Ginsburg, Breyer, Sotomayor, and Kagan joined in the majority opinion of the court. Justices Alito, Roberts, Scalia, and Thomas filed dissenting opinions. While the court ruled that disparate impact claims are cognizable under the Fair Housing Act, that ruling came with a caveat. "So the court holds that there is a dispa- rate impact claim under the FHA as a mat- ter of statutory interpretation, but the court cautions that remedial orders in disparate impact cases that impose racial targets or quotas could be unconstitutional," Attorney Kevin Russell said on the SCOTUS blog. "The court emphasizes, however, that disparate impact liability should be impose cautiously. To avoid constitutional problems, statistical disparity is not enough." HUD Secretary Julián Castro praised the Supreme Court's decision via Twitter: "Today's SCOTUS opinion upholding dis- parate impact analysis under Fair Housing Act is a strong victory for equal oppor- tunity in our country." Castro issued an official statement, saying, "Today is another important step in the long march toward fulfilling one of our nation's founding ide- als: equal opportunity for all Americans. The Supreme Court has made it clear that HUD can continue to use this critical tool to eliminate the unfair barriers that have deferred and derailed too many dreams. Working with our partners on the ground, we will continue to do all we can to build a housing market that treats all Americans with basic dignity and respect." Find out how ServiceLink can optimize your disclosure delivery process. 800.777.8759 | | EVERY DAY COUNTS. WHEN IT COMES TO YOUR DISCLOSURE DELIVERY PROCESS Lenders who offer an electronic disclosure process can streamline delivery and tracking of the Loan Estimate and Closing Disclosure, saving up to 4 days over traditional mail-away processes, while helping to maintain compliance with CFPB Integrated Disclosure Rules.

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