White Paper: Disparate Impact Under FHA and ECOA: A Theory Without a Statutory Basis
Andrew L. Sandler, Jeffrey P. Naimon & Kirk D. Jensen
July 13, 2012
ABA in a letter yesterday urged federal government agencies to stop using a “disparate impact” approach to fair lending supervision and enforcement. The letter included an ABA-commissioned legal analysis by the BuckleySandler law firm that concluded such an approach -- which holds lenders liable when neutral policies disparately affect minorities -- lacks statutory authority.