City Withdraws Supreme Court Fair Housing Case on Disparate Impact; Path Clear for HUD to Issue Regs?

TwinCities.com story is HERE.

Regulations.gov web page HERE has HUD proposed rule and public comments.(Comments to date from Oregon are HERE).

Originally created and posted on the Oregon Housing Blog.

Oregon Attorney General Joins in Brief in Support of Disparate Impact Fair Housing Case Before Supreme Court.

National Mortgage Professional news story is HERE; link to amicus brief is HERE.

From the news story: 

In 2010, the United States Court of Appeals for the Eighth Circuit ruled that housing policies that disproportionately impact protected groups violate the Fair Housing Act and are subject to disparate-impact scrutiny. The City appealed that decision to the U.S. Supreme Court, which will hear oral arguments in the matter in February 2012.

Originally created and posted on the Oregon Housing Blog.

Supreme Court to Take Up Fair Housing Disparate Impact Case.

From SCOTUS blog:

Magner v. Gallagher 

Docket: 10-1032
Issue(s): (1) Whether disparate impact claims are cognizable under the Fair Housing Act; and, if so (2) what test should be used to analyze them.

ABA Journal news story about case is HERE.

Impact on HUD Proposed Regulation Publication? It is not clear what impact the Court decision to consider this case will have on the OMB approved proposed HUD disparate impact regulations; those regulations have not yet been published in the Federal Register for comment, although they were cleared by OBM on September 28th.

Originally created and posted on the Oregon Housing Blog.

Look for Monday Supreme Court Decision on State Regulation of Mortgage Lending.

With end of this Supreme Court session tomorrow, lots of attention will be paid to appeal from prior Sotomayor reverse discrimination decision.

Of greater housing impact (and perhaps on state regulation in general) will be the decision on case (Cuomo vs Clearing House Association) involving state mortgage regulation.

I have blogged about this case previously HERE.

Supreme Court website is HERE.

Supreme Court to Hear NY Case on State Jurisdiction to Investigate Fair Housing Violations by Banks with National Charters.

SCOTUS Blog has post HERE about the case.

Post says that the case" involves a Second Circuit Court ruling that bars state officials from investigating claims that banks holding national charters are engaging in race or ethnic bias in the home mortgage market."

Case is Cuomo v. Clearing House Association, 08-453. Look for this docket number mid page of January 16,2009 "Docket to Watch" page HERE to download Opinion and other documents.