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White Paper: Disparate Impact Under FHA and ECOA: A Theory Without a Statutory Basis

Jeffrey P. Naimon

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 Buckley Sandler law firm that concluded such an approach -- which holds lenders liable when neutral policies disparately affect minorities -- lacks statutory authority.