Financial Services Blog

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Continuity or Change? How the Supreme Court changed the law for lenders under the FHA without changing it at all.

After leaving the public, press, regulators, and lenders lingering for six months, the Supreme Court finally produced its 5-4 opinion in Texas Department of Housing & Community Affairs v. The Inclusive Communities Project, Inc., a blockbuster case in which the Court concluded that the Fair Housing Act permits statistically-based disparate impact claims.[1]  The Supreme Court’s opinion is important for two reasons.  First, it finally puts the Supreme Court’s seal of approval on FHA disparate impact claims, a theory of liability that has been universally recognized by the federal courts of appeals.  Second, it will likely embolden plaintiffs to file more suits using a disparate impact theory, which means lenders should evaluate their current policies and practices, especially discretionary pricing policies, to avoid engaging in practices that could be interpreted as discriminatory.   Read More ›

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Attorney Spotlight

Christopher C. Tieke is an associate in Frost Brown Todd's Louisville office, focusing his practice on business litigation. He graduated from the University of Cincinnati College of Law, with magna cum laude honors; served as an Associate Member of the University of Cincinnati Law Review; and participated in the Entrepreneurship and Community Development Clinic.

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