Banking and Financial Services Litigation and Compliance Attorney, Elena Lovoy was recently quoted in Law360 regarding the U.S. Supreme Court’s ruling on the Fair Housing Act claims of unintentional discrimination through disparate impact, making the Texas Department of Housing and Community Affairs liable for how it allocated low-income housing tax credits.
“Lenders will view the court’s decision as a surprise — and as a disappointment. It is encouraging though that the court indicated that disparate impact liability should be limited. Although the issues before the court involved public practices, not private business practices, the decision reinforces that lenders’ fair lending policies and practices must remain a high priority. Testing becomes even more critical since lenders remain potentially liable for a statistically indicated adverse impact on members of a protected class even with no evidence that the lender actually engaged in any discriminatory practice or action,” said Lovoy.
Read the complete article, “Attorneys React To Supreme Court Texas Fair Housing Case,” which first appeared in Law360 on June 25, 2015.