January 17, 2012
Jeanine Worden, Associate General Counsel
Regulations Division, Office of General Counsel
Department of Housing and Urban Development
451 7th Street SW., Room 10276
Washington, DC 20410
RE: Michael V. Beall, Esq., - Docket No. FR-55080-P-01 RIN 2529-AA96,
Implementation of the Fair Housing Act’s Discriminatory Effects Standards
Dear Ms. Worden:
On behalf of the 1.3 million credit union members, the Missouri Credit Union Association (MCUA) would like to take this opportunity to express our views on possible amendments to Title VII of the Civil Rights Act of 1968 (the “Fair Housing Act”) which prohibits discrimination in the sale, rental, or financing of dwellings and in the other housing-related activities on the basis of race, color, religion, sex, disability, familial status, or national origin. MCUA supports the establishment of uniform standards for determining when a housing practice with a discriminatory effect violates the Fair Housing Act.
The precise tests used by courts and by the Department of Housing and Urban Development (HUD) to determine a violation based on discriminatory effects vary slightly depending on the specific court’s preference, and depending on the type of case. MCUA strongly believes resolving these inconsistencies and standardizing the test will allow credit unions to better understand and comply with the Fair Housing Act. Therefore, we support the addition of a new subpart G to the Fair Housing Act which will confirm that the Act may be violated by a housing practice that has a discriminatory effect, as defined in 24 CFR part 100.500(a), regardless of whether the practice was adopted with a discriminatory intent.
As always, we appreciate the opportunity to respond to the proposed changes to the Fair Housing Act. We will be happy to respond to any questions regarding these comments.
Michael V. Beall, Esq.