HUD Reaction: HUD and you will courts enjoys acknowledged that research off mortgage top research identified no matter if HMDA may indicate a disparate impression. The financial institution will have the opportunity to refuse the presence of the fresh new so-called impression and you may expose a substantial, legitimate, nondiscriminatory interest with the challenged behavior, therefore the billing team or plaintiff could have the chance to show that a smaller discriminatory solution can be found for the financial.
Issue: A great commenter stated that HUD should not put any of the the brand new examples unless the last laws can make obvious your specified means are not per se violations of your own Operate, but instead should be analyzed pursuant into the criteria set forth for the § . With respect to the commenter, the latest advice is misconstrued as they condition precisely the initial selecting demonstrated when you look at the § .
HUD Impulse: HUD believes you to definitely, when a practice is actually challenged lower than an excellent discriminatory outcomes theory, brand new practice have to be analyzed in requirements given into the § . (more…)