Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Decision on Mt. Holly cert petition expected on Monday

By John L. Culhane, Jr. & Christopher J. Willis on June 13, 2013
Email this postTweet this postLike this postShare this post on LinkedIn

On Monday, June 17, we expect the U.S. Supreme Court to announce whether it will grant the petition for certiorari in Township of Mount Holly v. Mt. Holly Gardens Citizens
in Action, Inc. 
The petition is among the certiorari petitions slated to be considered by the Justices at their conference today.  The court’s standard procedure is to announce the results of its Thursday conferences on the following Monday at 10 am. 

The case challenges the validity of HUD’s interpretation that disparate impact can be used to establish liability under the Fair Housing Act (FHA), even if there is no discriminatory intent.  The CFPB has taken the position that a violation of the Equal Credit Opportunity Act (ECOA) and Regulation B, which apply to all types of credit, including mortgage lending, student loans, auto loans and credit cards, can similarly be established through evidence of disparate impact.  Since both the FHA and ECOA lack textual support for use of a disparate impact test, if the Supreme Court agrees to hear Mt. Holly, its ultimate ruling will have significant implications for the validity of the CFPB’s position.

 

  • Posted in:
    Appellate and Supreme Court
  • Blog:
    Consumer Finance Monitor
  • Organization:
    Ballard Spahr LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo