NAMIC Disparate Impact Challenge on Hold Pending Rule Revisions

March 23, 2020 The Department of Housing and Urban Development continues to finalize its revisions to the 2013 Disparate Impact Rule, prompted primarily by NAMIC's ongoing challenge in federal district court. The litigation has been stayed pending the publication of... Read more

NAMIC Challenge to HUD Disparate Impact Rule Still Pending

March 16, 2020 NAMIC will file another joint status report with the U.S. District Court for the District of Columbia on March 17 in the now seven-year challenge to the U.S. Department of Housing and Urban Development's Disparate Impact Rule... Read more

FHFA, HUD, Treasury Heads Appear Before House Committee

October 28, 2019 The House Financial Services Committee gathered Oct. 22 to hear from Secretaries Steve Mnuchin of the Treasury and Ben Carson of the Department of Housing and Urban Development along with Federal Housing Finance... Read more

NAMIC Files Comments on Proposed Revisions to Disparate Impact Rule

October 21, 2019 NAMIC filed comments on a proposed rule from the Department of Housing and Urban Development that suggested more clarity and some further revisions to the proposed regulation to ensure it meets the requirements laid out in a... Read more

Comments Due on HUD Proposed Disparate Impact Rule

October 15, 2019 Public comments on the rule HUD proposed in August on the implementation of the Fair Housing Act’s disparate impact standard must be submitted by Oct. 18 to be considered by HUD in... Read more

House Subcommittee Eyes Barriers to Financial Inclusion

September 9, 2019 The House Financial Services’ Subcommittee on Oversight and Investigations held a field hearing Sept. 4 titled “Examining Discrimination and Other Barriers to Consumer Credit, Homeownership, and Financial Inclusion in Texas.” Read more

House Subcommittee to Explore Barriers to Credit, Homeownership, and Financial Inclusion

September 3, 2019 The House Financial Services Committee’s Subcommittee on Oversight and Investigations will hold a field hearing Sept. 3 in Houston, Texas titled “Examining Discrimination and Other Barriers to Consumer Credit, Homeownership, and... Read more

Proposed HUD Disparate Impact Rule Listed in Federal Register

August 19, 2019 The United States Department of Housing and Urban Development published its proposed rule in the Federal Register to amend the department’s interpretation of the Fair Housing Act’s disparate impact standard. Read more

HUD Releases Proposed Rule on Disparate Impact

August 5, 2019 The Department of Housing and Urban Development released its new proposed disparate impact rule July 29, signaling a possible end to the more than five-year legal challenge NAMIC has mounted to the original rule. HUD has promised a new proposed... Read more

NAMIC Continues Its Challenge to HUD’s Disparate Impact Rule

July 15, 2019 NAMIC’s federal court challenge to the Department of Housing and Urban Development’s disparate impact rule has been stayed again, based upon the HUD commitment that a revised rule amending the original rule will be published sometime in... Read more

5th Circuit Says HUD Disparate Impact Rule Does Not Meet SCOTUS Standards

April 15, 2019 The United State 5th Circuit Court of Appeals issued a decision April 9 in The Inclusive Communities Project, Inc. v. Lincoln Property Co., a significant case... Read more

Financial Services Committee Eyes Affordable Housing, Touches on Disparate Impact Rule

April 8, 2019 In recognition of National Fair Housing Month, the House Financial Services Committee convened on April 2 to discuss affordable housing in a hearing titled "The Fair Housing Act: Reviewing Efforts to Eliminate Discrimination and Promote Opportunity in... Read more

NAMIC’s Fight Against HUD’s Disparate Impact Rule Goes On

March 18, 2019 While awaiting the proposed revisions by Department of Housing and Urban Development to the disparate impact rule to be made public following an Office of Information and Regulatory Affairs review, NAMIC has agreed with HUD for the District Court for... Read more

NAMIC Fight Against HUD’s Disparate Impact Rule Goes On

March 11, 2019 There is yet another status conference on March 15 in the District Court of the District of Columbia on NAMIC’s judicial challenge to the Department of Housing and Urban Development’s disparate impact rule, and HUD will again move for... Read more

NAMIC Meets with White House Officials to Discuss HUD Rule

February 25, 2019 NAMIC met with the Office of Information and Regulatory Affairs within the Office of Management and Budget at the White House to provide its views on... Read more

NAMIC to Meet with OMB on the HUD Disparate Impact Rule

February 19, 2019 In response to the ongoing NAMIC litigation challenge to the Department of Housing and Urban Development’s disparate impact rule, HUD has revised the rule and has sent the proposed rule to the Office of Information and Regulatory Affairs within the... Read more

SPECIAL REPORT | NAMIC to Continue Disparate Impact Challenge as Newly Merged Group Withdraws From Case

February 6, 2019 From the day that NAMIC first discovered the Department of Housing and Urban Development’s attempts to hold insurance companies liable for discrimination on the basis of statistical anomalies without any intent... Read more

NAMIC Continues to Challenge HUD’s Disparate Impact Rule

February 4, 2019 The latest development in the ongoing saga over the Department of Housing and Urban Development’s disparate impact rule occurred on Feb. 1... Read more

NAMIC Meets With White House to Discuss 2019 Priorities

December 17, 2018 NAMIC joined a small group of other trade associations from both the insurance and the securities industries for a Dec. 14 roundtable discussion with White House officials on priority issues for 2019. Specifically, the administration was interested in... Read more

HUD Disparate Impact Rule Challenge Likely to Remain on Hold

December 10, 2018 A 12th Status Report on the Department of Housing and Urban Development’s disparate impact rule is due Dec. 18 in the long-pending NAMIC litigation challenging HUD’s rule in federal court. NAMIC will, yet again, press Judge Richard Leon of the... Read more

HUD Challenge to Remain on Hold

October 29, 2018 NAMIC's continued challenge to the U.S. Department of Housing and Urban Development disparate impact rule, promulgated in 2103, has yet again been stayed in the District Court of the District of... Read more

HUD Status Report Offers Little Progress

October 22, 2018 NAMIC submitted a joint status report with the Department of Housing and Urban Development as part of the ongoing challenge to HUD's disparate impact rule in response to the district court's July order staying the... Read more

No Letting Up in Challenge to Disparate Impact Rule

August 22, 2018 In connection with NAMIC's continuing federal court case against the Department of Housing and Urban Development disparate impact regulation, HUD asked (again) for comments on the rule, including whether it should be... Read more

NAMIC Files Disparate Impact Comments With HUD

August 20, 2018 NAMIC filed comments with the Department of Housing and Urban Development on Aug. 20 making clear that HUD must revise its disparate impact rule to comply with the rulings of the... Read more

Be Heard by HUD: Please Submit Comments on the Disparate Impact Rule

August 7, 2018 The U.S. Department of Housing and Urban Development promulgated a rule in 2013 on disparate impact that would open the door to a wave of litigation by establishing a right of action against homeowners insurance companies if any... Read more

ICYMI: NAMIC Asks Member Companies to Comment on HUD’s Disparate Impact Rule

July 30, 2018 In response to NAMIC’s litigation challenge, HUD has issued an Advance Notice of Proposed Rulemaking seeking public comment on what changes to the rule, if any, are appropriate following the United States Supreme Court's 2015 ruling that disparate... Read more

NAMIC Asks Member Companies to Comment on HUD’s Disparate Impact Rule

July 23, 2018 In response to NAMIC’s litigation challenge, HUD has issued an Advance Notice of Proposed Rulemaking seeking public comment on what changes to the rule, if any, are appropriate following the United States Supreme Court's 2015 ruling that disparate... Read more

Be Heard by HUD on Misguided Disparate Impact Rule

July 19, 2018 NAMIC has left no stone unturned in its pursuit of protecting the interests of member companies in challenging the 2013 disparate impact rule by the U.S. Department of Housing and Urban Development. This rule opens the door to a wave of litigation by... Read more

Court Puts Disparate Impact Challenge on Hold Again

July 16, 2018 Judge Richard Leon of the federal District Court for the District of Columbia issued yet another stay July 16 to NAMIC's legal challenge to the Department of Housing and Urban Development's... Read more

HUD Secretary Claims No Authority to Regulate Insurance

July 2, 2018 Housing and Urban Development Secretary Ben Carson, M.D., acknowledged that his department does not have the authority to regulate insurance in response to questions from the House Financial Services... Read more

NAMIC Challenge to HUD Disparate Impact Rule Continues

July 2, 2018 NAMIC filed its Status Report in federal court June 25, asking federal district court Judge Richard Leon to set a date for a hearing on the long-standing motion for a summary judgement striking down the Department of Housing and Urban Development's... Read more

HUD Asks for Public Comment on Disparate Impact Rule, Again

June 25, 2018 The Department of Housing and Urban Development published an advanced notice of proposed rulemaking inviting public comments on possible amendments to its disparate impact rule, which has been the subject of a long and sustained challenge by NAMIC and... Read more

OIRA Designates Review of HUD Disparate Impact Reconsideration as 'Concluded'

June 18, 2018 The Office of Information and Regulatory Affairs has said that it has concluded its review of a regulation from the Department of Housing and Urban Affairs title... Read more

Notice of Potential Change to HUD Disparate Impact Rule Filed

June 11, 2018 The Office of Information and Regulatory Affairs website was amended June 9 to report a “Reconsideration of HUD's Implementation of the Fair Housing Act's Disparate Impact Standard (FR-6111),” which means that the Department of Housing and Urban ... Read more

ICYMI: HUD Litigation Update – Delays, Disclosures, Exasperation

May 14, 2018 The Department of Housing and Urban Development issued a press release May 10 announcing it would seek public comment on whether its disparate impact rule is in compliance with a 2015 Supreme Court opinion. The release came just two hours prior to the ... Read more

HUD Litigation Update - Delays, Disclosures & Exasperation

May 11, 2018 As you all know by now, NAMIC has been fighting the Department of Housing and Urban Development over its attempt to impose a disparate impact standard on the pricing and provision... Read more

SPECIAL REPORT | HUD Issues Update on Disparate Impact Rule

May 10, 2018 The U.S. Department of Housing and Urban Development said in a May 10 press release that it anticipates seeking the public's comment on whether its 2013... Read more

NAMIC Meets With HUD, DOJ on Disparate Impact Rule Challenge

March 12, 2018 NAMIC and other insurance trade representatives met with Paul Compton, general counsel for the Department of Housing and Urban Development, and the staffs of HUD and the Department of Justice on March 5 to discuss NAMIC's ongoing challenge to the HUD ... Read more

NCOIL Spring Meeting Recap

March 7, 2018 NAMIC represented members March 3-4 at the 2018 spring meeting of the National Council of Insurance Legislators. Fifty-one lawmakers from 31 states attended the first of three scheduled meetings for... Read more

NAMIC's Disparate Impact Challenge to Move Forward in April

February 12, 2018 NAMIC's challenge to the Department of Housing and Urban Development's disparate impact rule has again been stayed, but the judge has said this latest continuance will be the last time the case is... Read more

HUD Rule Challenge Left in Limbo

January 16, 2018 The inability of Congress to confirm senior administration officials continues to hamper NAMIC's litigation challenging the Department of Housing and Urban Development's disparate... Read more

HUD - 2017 Ends With Yet Another Delay, But a Positive Development

December 18, 2017 A vote is scheduled to take place Dec. 18 to confirm the nomination of Paul Compton as general counsel for the Department of Housing and Urban Development, potentially removing a significant roadblock to... Read more

NAMIC's Disparate Impact Challenge Approaches a Full Year of Delay

December 11, 2017 The NAMIC-led challenge to the Department of Housing and Urban Development's disparate impact rule is scheduled for another hearing Dec. 15, but with little having changed since the prior hearing the... Read more

Senate Delay on Nominations Likely Moves Disparate Impact Challenge to 2018

November 27, 2017 The next hearing in NAMIC's ongoing challenge to the Department of Housing and Urban Development's disparate impact rule is scheduled for Dec. 15, but given the lack of action by the Senate to confirm a... Read more

NAMIC’s Challenge to HUD Rule is Stayed Again

November 6, 2017 A federal court has again stayed NAMIC’s challenge to the Department of Housing and Urban Development’s disparate impact rule, this time pushing the case back until Dec. 15... Read more

NAMIC's Challenge to HUD Disparate Impact Rule Continues

October 30, 2017 Read more

Treasury Issues Report on Insurance Regulation

October 30, 2017 The U.S. Treasury Department on Oct. 26 released its report to the President Donald Trump on the regulatory environment for the asset management and insurance industries. This report was issued in response to an executive order issued by the... Read more

Special Report: Treasury Releases Report on Insurance Regulation

October 27, 2017 Further, the report supports NAMIC’s position that the group capital calculation being crafted by the states should be harmonized with the Federal Reserve’s Building Block Approach, to mitigate duplicative and unnecessary... Read more

Media Statement | Treasury Report on Insurance

October 27, 2017 “The Treasury’s report undertakes the enormous task of evaluating the regulatory framework for the asset management and insurance industries and assessing whether it... Read more

Carson Says HUD Looking to Avoid 'Regulatory Burdens' with DI Rule

October 16, 2017 Department of Housing and Urban Development Secretary Ben Carson was asked about the department's disparate impact rule at a recent House hearing, as NAMIC's legal challenge to the rule remains stayed in federal court pending... Read more

Yet Another Delay for NAMIC Challenge to HUD Disparate Impact Rule

September 18, 2017 There was a status conference scheduled for Sept. 15 in the NAMIC challenge to the Department of Housing and Urban Development's disparate impact rule, at which the... Read more

HUD Hearing Rescheduled

July 24, 2017 A third status hearing in NAMIC's renewed challenge to the U.S. Department of Housing and Urban Development disparate impact rule was scheduled for July 17; however... Read more

Third Status Hearing Upcoming for Disparate Impact Rule Challenge

July 10, 2017 The U.S. District Court for the District of Columbia will again hold a status hearing July 17 on the NAMIC challenge to the Department of Housing and... Read more

NAMIC Continues to Challenge HUD's Disparate Impact Rule Despite Judge's Delays

May 17, 2017 NAMIC's challenge to the Department of Housing and Urban Development's disparate impact rule has again been delayed, seemingly as two branches of government work out which... Read more

NAMIC Disparate Impact Rule Challenge to Proceed

May 15, 2017 NAMIC's challenge to the Department of Housing and Urban Development disparate impact rule will continue on, with a hearing in the U.S. District Court for the District of Columbia scheduled for... Read more

Update on HUD Disparate Impact Challenge

May 8, 2017 NAMIC's challenge to the HUD disparate impact rule was scheduled to be heard in the U.S. District Court for the District of Columbia in February, but the... Read more

Vacancy at HUD Filled as Senate Confirms Carson

March 6, 2017 Ben Carson, M.D., was confirmed by the Senate March 2 to serve as Secretary of the Department of Housing and Urban Development by a 58-412 vote, with six Democrats voting in... Read more

Judge in Disparate Impact Challenge Allows Government Time to Get Department Leadership in Place

February 21, 2017 Judge Richard Leon of the Federal District Court for the District of Columbia ordered a 90-day stay to NAMIC’s challenge against the Department of Housing and... Read more

HUD Seeks Delay to District Court Hearing on Disparate Impact

February 13, 2017 The oral argument for NAMIC's challenge to the Department of Housing and Urban Development's disparate impact rule was scheduled for Feb. 13, but after the Department of Justice and HUD requested a continuance due the change in administrations... Read more

HUD Challenge Moves Closer to Victory as Hearing Scheduled

February 6, 2017 Judge Richard Leon of the U.S. District Court for the District of Columbia will hear arguments Feb. 13 on NAMIC's challenge to the U.S. House and Urban Development disparate impact rule. Leon, in a prior hearing, was very skeptical of... Read more

Industry Challenge to HUD's Disparate Impact Rule Closer to Victory

February 2, 2017 NAMIC's years-long challenge to the Department of Housing and Urban Development's disparate impact rule for homeowners' insurance is nearing the goal line. NAMIC was notified late last week that U.S. District Court Judge... Read more

Senate to Consider Several Trump Cabinet Nominees This Week

January 9, 2017 Members of the Senate are set to begin the consideration of several candidates poised to join the cabinet of President-elect Trump. The Senate Judiciary Committee will consider the nomination of Alabama Sen. Jeff Sessions to be... Read more

HUD Nominee Carson Expressed Skepticism of Disparate Impact Rule

December 5, 2016 President-elect Donald Trump has announced that he will nominate Ben Carson, M.D., to be the secretary of the Department of Housing and Urban Development, the agency that NAMIC is challenging in federal court over its disparate... Read more

Final Filings Made in Latest Round of Disparate Impact Challenge

October 31, 2016 The Department of Housing and Urban Development and the Department of Justice filed its Reply Memorandum in Support of their Motion for Summary Judgment Oct. 28, closing out the latest round in NAMIC's challenge to... Read more

HUD Issues Proposed Rulemaking on Minimum Standards for Flood Hazard Exposure

October 31, 2016 The Department of Housing and Urban Development issued a Proposed Rule Oct. 28 revising its regulations to ensure compliance with previously issued executive orders on floodplain management and federal flood risk... Read more

HUD Reiterates Disparate Impact Stance in Revised Commentary

October 11, 2016 More than two years after Judge Amy St. Eve sent a disparate impact rule back to the Department of Housing and Urban Development for greater consideration of insurance industry comments in Property Casualty Insurers Association of... Read more

NAMIC’s Challenge to HUD’s Disparate Impact Rule Marches On

October 3, 2016 NAMIC filed its latest brief Sept. 30 opposing the Department of Housing and Urban Development’s attempt to impose a disparate impact standard on the homeowners insurance industry. It is the association’s final... Read more

Filing Process Nears End for Disparate Impact Challenge

September 23, 2016 The latest round in NAMIC’s challenge to the Department of Housing and Urban Development’s disparate impact standard for homeowners insurance is nearing its conclusion with the... Read more

Motion Filings Continue in Disparate Impact Litigation

September 6, 2016 The Department of Housing and Urban Development filed its latest motion Aug. 30 in NAMIC’s challenge to the disparate impact rule. The department’s motion contained no... Read more

House Financial Services Committee Holds Hearings on the Financial CHOICE Act, HUD, FSOC

July 11, 2016 With Congress returning for its last legislative week prior to returning home to their districts for the August recess, the Financial Services Committee has scheduled three hearings this week. Up first on the docket is a hearing at... Read more

First Filing Made in Amended Case Against HUD Disparate Impact Rule

July 5, 2016 The latest round of NAMIC’s fight against the Department of Housing and Urban Development has begun with a June 30 filing of a motion for summary judgment seeking to... Read more

NAMIC Members Can Help Support Continuing HUD Challenge

June 13, 2016 NAMIC's continuing challenge to the Department of Housing and Urban Development's disparate impact rule continues this month in federal district court, and a number of NAMIC members have agreed to... Read more

We Need Your Help in Our Challenge to the HUD Disparate Impact Rule

June 9, 2016 To enable our continued fight against the HUD disparate impact rule in federal court, NAMIC is required to establish that member companies are negatively impacted by... Read more

HUD Litigation Update - Affidavits Requested for Continuing Challenge

June 9, 2016 Having won in district court only to see a surprise U.S. Supreme Court ruling allowing disparate impact discrimination claims under the Fair Housing Act, NAMIC is continuing the fight against a rule from... Read more

Schedule set for NAMIC Challenge to HUD Rule

May 2, 2016 NAMIC’s challenge to the Department of Housing and Urban Development’s disparate impact rule is set to proceed as the U.S. District Court of the District of Columbia has granted a joint motion to... Read more

In the Nation: FIO Requests TRIP Data for Report to Congress; New DOL Fiduciary Rule; Judge Rules MetLife Not Systemically Important; Disparate Impact Challenge to Continue

April 22, 2016 The Federal Insurance Office recently posted a request for comment on its Terrorism Risk Insurance Program in order to assist the Treasury Department with its report due to Congress. The report must.. Read more

Amended Disparate Impact Challenge Accepted by D.C. Circuit Court

April 18, 2016 The U.S. District Court for the District of Columbia has granted NAMIC's motion to continue its challenge to the Department of Housing and Urban Development’s disparate impact rule. As NAMIC reported last week , by accepting the motion, Judge Richard Le... Read more

Disparate Impact Challenge to Continue as Judge Accepts Amended Complaint

April 14, 2016 NAMIC and the American Insurance Association have won the latest round in the legal challenge to the Department of Housing and Urban Development’s attempt to impose an ill-fitting disparate impact standard on homeowners insurers. The case now returns to... Read more

New York Congressman Makes Inquiry About Status of Unspent Sandy Recovery Dollars

March 21, 2016 After meeting with NAMIC staff, Rep. Dan Donovan, R-N.Y., sent a letter March 16 to Reps. Mario Diaz-Balart, R-Fla., and David Price, D-N.C., asking that they provide details in their subcommittee report about the billions of leftover recovery dollars a... Read more

Response in HUD Challenge Filed

January 25, 2016 NAMIC and American Insurance Association filed their Reply In Support Of Plaintiffs’ Motion For Leave to Amend the Complaint in the District Court for the District of Columbia in their ongoing challenge to the HUD disparate impact rule. The filing reque... Read more

NAMIC Replies to HUD Challenge on Disparate Impact

January 19, 2016 NAMIC and American Insurance Association filed a Reply in Support of Plaintiffs’ Motion for Leave to Amend the Complaint on Jan. 19 as part of the federal challenge to the Department of Housing and Urban Development’s disparate impact rule. NAMIC and AI... Read more

HUD Urgently Trying to Get Disparate Impact Challenge Dismissed

January 13, 2016 The Department of Housing and Urban Development filed on Jan. 11 its response to the NAMIC/AIA motion seeking leave to amend the complaint in our D.C. Circuit Court case challenging HUD’s disparate impact rule. Read more

NAMIC Continues Its Challenge to HUD Disparate Impact Rule

January 11, 2016 The federal government is expected to file its response to the amended challenge to a federal disparate impact rule in the District Court of the District of Columbia later today. NAMIC and the American Insurance Association filed a motion Dec. 18 with t... Read more

NAMIC Filing Sets Stage for Next Round in Challenge to HUD Disparate Impact Rule

December 10, 2015 Despite the U.S. Supreme Court unexpectedly ruling in June that disparate impact cases may be brought under the Fair Housing Act, NAMC has been carefully preparing to continue the battle against the Department of Housing and Urban Development's disparat... Read more

House to Vote to Rein in CFPB on Disparate Impact

November 16, 2015 The House is expected today to pass H.R 1737, the Reforming CFPB Indirect Auto Financing Guidance Act, as a means of undoing an attempt by the Consumer Financial Protection Bureau to further expand the use of disparate impact theory. Introduced in April... Read more

HUD Case Returned to District Court

October 12, 2015 The United States Court of Appeals for the District of Columbia Circuit has granted NAMIC’s request to remand its challenge to the Department of Housing and Urban Development’s disparate impact rule to the district court for consideration in light of th... Read more

Disparate Impact Challenge to Return to D.C. District Court

September 25, 2015 The United States District Court for the District of Columbia vacated and remanded NAMIC's challenge to the Department of Housing and Urban Development’s disparate impact rule Sept. 23, as NAMIC had requested. Remanding the case to the district court th... Read more

Disparate Impact Limits in SCOTUS Disparate Impact Ruling Being Seen in Lower Courts

September 8, 2015 At least two federal courts have already applied the protections against disparate impact allegations that were provided by the U.S. Supreme Court this summer in Texas Department of Housing and Community Affairs v. Inclusive Communities Project. The U.S... Read more

Property Casualty Committee to Hear Consumer Rep’s Take on Disparate Impact Case

August 12, 2015 Birny Birnbaum, the funded consumer representative well known to followers of NAIC matters, will make a presentation on the recent U.S. Supreme Court case to the NAIC’s Property and Casualty Insurance (C) Committee during the committee’s Aug. 17 session... Read more

NAMIC Files Motion to Vacate Disparate Impact Decision

August 10, 2015 NAMIC and the American Insurance Association filed a motion on July 31 to remand the Supreme Court’s recent decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project that upheld the disparate impact standard of liabili... Read more

Bill Introduced to Prohibit Disparate Impact Liability Standard Under the FHA

July 27, 2015 Rep. Scott Perry, R-Pa., introduced legislation July 21 that would remove the disparate impact standard of liability for discrimination under the Fair Housing Act. The Protect Local Independence in Housing Act of 2015, or H.R. 3145, was introduced as a ... Read more

NAMIC’s Challenge to the Disparate Impact Rule: Where are We Now and Where are We Going?

July 23, 2015 From the outset, NAMIC has opposed the Department of Housing and Urban Development rule applying a disparate impact standard to the pricing and provision of homeowners insurance. Our team tried to reason with HUD and have the rule revised, but it refuse... Read more

SCOTUS Rules, but Disparate Impact Challenge Far From Over

July 2, 2015 Well, the Supreme Court ruled and, to the surprise of many on both sides of the issue, the lack of language making disparate impact claims cognizable under the Fair Housing Act turns out to be no impediment to disparate impact claims being cognizable un... Read more

Surprise Supreme Court Ruling on Disparate Impact Includes Some Limits

June 29, 2015 For the past few years, advocates had persuaded St. Paul, Minn., in the case of Magner v. Gallagher, and then Mount Holly, N.J., in Mount Holly v. Mt. Holly Gardens Citizens in Action, to abruptly dismiss challenges to the Fair Housing Act’s disparate-i... Read more

Supreme Court Ruling in Texas Case Means Disparate Impact Challenge Likely to Continue

June 25, 2015 The legal battle to prevent the Department of Housing and Urban Development from imposing an ill-fitting and burdensome disparate impact standard on the pricing and provision of homeowners insurance will continue after the Supreme Court ruled in favor o... Read more

Re: Supreme Court Ruling on Disparate Impact Claims under the Fair Housing Act

June 25, 2015 Statement by Charles M. Chamness President and CEO National Association of Mutual Insurance Companies “NAMIC is disappointed the Supreme Court saw fit to create law today in its ruling to allow disparate impact claims in some circumstances under the Fai... Read more

Reading the Tea Leaves While Waiting for the Supreme Court on Disparate Impact

June 22, 2015 NAMIC is anxiously awaiting the United States Supreme Court’s decision on whether disparate impact is permissible under the Fair Housing Act, and thus the legitimacy of the HUD rule that NAMIC had vacated by a lower court. Each Monday in June, as well a... Read more

Disparate Impact Ruling Update

June 15, 2015 The Supreme Court’s decision in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. is expected as early as June 22. NAMIC is hopeful that the court will rule that disparate impact actions are not permitted under... Read more

Garrett Seeks to Bar Funding of Department of Justice in Relation to Disparate Impact Cases

June 8, 2015 There has been much discussion in Washington over how to pass legislation, as seemingly fewer and fewer bills are signed into law. Given the situation, many lawmakers have a strategy of attaching policy changes to appropriations bill as a means to affec... Read more

HUD Appeal Stayed by Court of Appeals

March 16, 2015 The United States Court of Appeals for the District of Columbia Circuit granted the Department of Housing and Urban Development’s motion to stay the appeal that the department filed with the court March 9, determining that the appeal would likely be res... Read more

House Republicans Introduce Onslaught of Bills to Reform the CFPB

March 9, 2015 A number of Republicans on the House Financial Services Committee introduced seven pieces of legislation intended to rein in the Consumer Financial Protection Bureau. As NAMIC noted at the beginning of the year, the House Financial Services Committee in... Read more

RE: HUD Request to Delay Action on Disparate Impact Rule

January 26, 2015 Statement By Jimi Grande Senior Vice President, Federal and Political Affairs National Association of Mutual Insurance Companies “NAMIC's successful challenge that resulted in a federal district court vacating the Department of Housing and Urban Develop... Read more

Disparate Impact Again Goes Before Supreme Court

January 20, 2015 The Supreme Court of the United States will hear oral arguments Jan. 21 in the case of Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc., which relates to whether disparate impact claims are cognizable under th... Read more

HUD Files Notice of Appeal, but Supreme Court Case Could Impact Schedule

January 5, 2015 The Department of Housing and Urban Development has filed a notice of appeal of the District Court of the District of Columbia ruling in our legal challenge to HUD’s disparate impact rule, and the court will now establish a schedule for written briefing... Read more

HUD Appeals District Court Ruling Vacating Disparate Impact Rule

December 18, 2014 The Department of Housing and Urban Development filed its notice of appeal to the U.S. Court of Appeals for the D.C. Circuit Dec. 18 regarding Judge Richard Leon's decision invalidating the disparate-impact rule. The filing of the notice of appeal is a ... Read more

Property/Casualty Groups File Amicus Brief in SCOTUS Disparate Impact Case

November 24, 2014 NAMIC will file a brief with AIA and PCI today at the Supreme Court in support of the Texas Department of Housing in its challenge to disparate impact standards under the Fair Housing Act. Following NAMIC’s successful challenge to the HUS disparate impa... Read more

Obama Nominates Federal Prosecutor for U.S. Attorney General

November 10, 2014 The early reporting on President Obama’s choice of Loretta Lynch, U.S. attorney for the Eastern District of New York, to be the next attorney general is that few in Washington know much about her. She is the present chair of Eric Holder’s Advisory Commi... Read more

NAMIC Prevails - D.C. District Court Vacates HUD Rule

November 4, 2014 If you thought I would be writing to you on Election Day to encourage you to get out there and vote, well, you were right. In fact, if you haven’t yet been to the polls, stop reading, get in the car, and head there now. I’ll wait…... You’re back! Great,... Read more

NAMIC Prevails Over HUD as District Court Vacates Disparate Impact Rule

November 3, 2014 Judge Richard Leon of the U.S. District Court for the District of Columbia today granted the motion filed by NAMIC on Oct. 3 and issued a strongly worded order vacating the HUD disparate impact rule. The judge essentially rejected every argument made by... Read more

NAMIC Welcomes District Court Ruling to Halt Federal Overreach

November 3, 2014 The National Association of Mutual Insurance Companies hailed a ruling today by Judge Richard Leon of the U.S. District Court for the District of Columbia to vacate the U.S. Department of Housing and Urban Development's 2013 disparate impact rule. Leon ... Read more

HUD Request to Delay Disparate Impact Ruling Denied

October 27, 2014 Ensuring that it leaves no stone unturned, the Department of Housing and Urban Development recently filed a motion to stay our challenge to HUD’s disparate impact rule in the federal District Court of the District of Columbia, citing the Supreme Court’s... Read more

NAMIC Comments on FHA Discriminatory Effects Standard – Disparate Impact

October 21, 2014 In January 2012, NAMIC provided comments opposing HUD’s proposed implementation of the FHA Discriminatory Effects Standard.... Read more

HUD Litigation Update

September 16, 2014 We’ve been keeping you updated on our ongoing challenge to a regulation from the Department of Housing and Urban Development that would impose a disparate impact standard on the pricing and provision of homeowners insurance – and in doing so open the fl... Read more

HUD Rule Upheld, but Questioned in Illinois Case

September 8, 2014 Judge Amy St. Eve of the Northern District of Illinois issued her ruling Sept. 3 in the PCI challenge to the Department of Housing and Urban Development’s disparate impact rule. St. Eve rejected PCI’s challenge based on McCarran-Ferguson, but determined... Read more

Productivity in Washington??

July 23, 2014 I recently shared my views on the potential impacts of ongoing developments at the international level on the future of insurance regulation in the United States. It can be tempting to simply ignore the alphabet soup of different groups seeking in vario... Read more

HUD Litigation Update: Oral Arguments in Circuit Court

July 23, 2014 Judge Richard Leon held an oral hearing July 22 in Federal District Court in Washington, D.C., regarding NAMIC’s challenge to the HUD disparate impact rule. The judge made no ruling from the bench and offered both sides the opportunity to provide the co... Read more

Oral Arguments in HUD Litigation Delayed

July 14, 2014 NAMIC received notice July 11 that Judge Richard Leon moved the scheduled July 16 hearing on the summary judgment motions in the challenge to the Department of Housing and Urban Development’s disparate impact rule to July 22 at 3 p.m. Neither party requ... Read more

Supreme Court Checks Administration Authority With ‘Recess Appointment’ Ruling

June 30, 2014 In these days of legislative gridlock, perhaps the greatest federal threat to the property/casualty insurance industry comes not from Capitol Hill, but instead from the myriad federal agencies seeking to expand their regulatory powers. The most notable ... Read more

Oral Arguments Set for HUD Litigation

June 25, 2014 July 16 will be an important day not only for NAMIC but for the entire property/casualty insurance industry. That is the day on which U.S. Federal Judge Richard J. Leon will hear oral arguments on NAMIC’s lawsuit against the U.S. Department of Housing a... Read more

Oral Argument in July Anticipated for NAMIC’s Challenge to HUD’s Disparate Impact Rule

June 16, 2014 Since the U.S. Department of Housing and Urban Development proposed its disparate impact rule in 2011, NAMIC has led the efforts to rescind that rule, spearheaded by our direct legal challenge in the U.S District Court for the District of Columbia. All ... Read more

House Panel to Consider Legislation on CFPB, FSOC Transparency

June 9, 2014 The House Financial Services Committee will continue on June 10 with the markup of 15 bills related to capital formation, the Consumer Financial Protection Bureau, the Financial Stability Oversight Council, and other issues. While NAMIC worked hard to e... Read more

NAMIC, Industry Support Push to Deny Funds for DOJ ‘Disparate Impact’ Efforts

May 30, 2014 As NAMIC continues to push against the U.S. Department of Housing and Urban Development’s disparate impact rule through litigation, we also continue to push the issue in Congress. Along with other trade groups, NAMIC sent a letter to House Speaker John ... Read more

CFPB Faces Continued Scrutiny, Allegations of Discrimination

March 31, 2014 As NAMIC reported last week, the Consumer Financial Protection Bureau has been mired in controversy over its lack of transparency and accountability to Congress as it takes various actions based on disparate impact theory. The House Financial Services O... Read more

CFPB Challenged on Transparency

March 24, 2014 The Consumer Financial Protection Bureau, created by the Dodd-Frank Act to serve as an overarching protector of consumer rights, has come under increasing congressional fire for an alleged lack of transparency. NAMIC was successful in stopping the reach... Read more

HUD Update: NAMIC Rebuts Challenge to Standing

February 27, 2014 NAMIC and AIA continued their challenge to the Department of Housing and Urban Development’s disparate impact rule and filed a response on Feb. 24 to the government’s Motion to Dismiss or For Summary Judgment. Having engaged in unprecedented efforts to ... Read more

Progress Amid Politics on Tap for 2014 in Washington

February 12, 2014 As in state advocacy, NAMIC takes its cues for its federal agenda from a member-driven committee. Federal Affairs Committee members recently completed their planning session and have identified for NAMIC action a number of important issues facing our in... Read more

HUD Responds to Disparate Impact Filing

February 10, 2014 The Department of Housing and Urban Development, along with the Department of Justice, filed a motion Feb. 3 in the D.C. District Court to dismiss the NAMIC/AIA challenge to the HUD Disparate Impact Rule. The filing argued, as we had anticipated, that t... Read more

Disparate Impact Standard Expanded to School Discipline

January 13, 2014 The U.S. Department of Education and the U.S. Department of Justice issued a "Dear Colleague" letter to U.S. public elementary and secondary schools on Jan. 8 providing "significant guidance" on how to identify, avoid, and remedy discriminatory discipli... Read more

Disparate Impact Hearing in House Holds Few Surprises

November 25, 2013 The House Financial Services Subcommittee on Oversight and Investigations held a hearing on disparate impact on Nov. 19 titled “A General Overview of Disparate Impact.” The purpose of the hearing was to consider the legal and theoretical underpinnings o... Read more

House Panel to Hold Hearing on Disparate Impact

November 18, 2013 The House Financial Services Subcommittee on Oversight and Investigations will hold a hearing Nov. 19 titled “A General Overview of Disparate Impact Theory.” The purpose of this hearing is to consider the legal and theoretical underpinnings of the dispa... Read more

Next Up on Disparate Impact

November 14, 2013 As you may have heard, the Township of Mt. Holly voted last night to approve a settlement with residents disputing a planned redevelopment in the community, ending a decade-long legal battle just 21 days before arguments were scheduled to take place bef... Read more

Pending Disparate Impact Case Likely To Settle; NAMIC Lawsuit Ready to Move Forward

November 1, 2013 As you are aware, in June NAMIC and the American Insurance Association filed a lawsuit against the U.S. Department of Housing and Urban Development that challenges the validity of a recently promulgated HUD rule regarding the disparate impact theory of ... Read more

Mt. Holly Marches on as Briefs Filed

October 21, 2013 A brief from the respondents in the Mt. Holly Case – Mt. Holly Gardens Citizens in Action, Inc., the party supporting the disparate impact theory – was expected to be filed on Oct. 21 with the Supreme Court. Amicus briefs supporting the respondent’s pos... Read more

Disparate Impact on the Docket as Supreme Court Term Begins

October 7, 2013 While Congress and federal agencies remain officially shut down, the U.S. Supreme Court will begin its 2013-2014 term Oct. 7 as scheduled. Of primary interest to NAMIC members is the case of Mount Holly v. Mount Holly Gardens Citizens in Action addressi... Read more

The Worst Form of Government…

October 1, 2013 By now you know: the federal government has shut down. We are at this place because our political leaders failed to accomplish what you do as a business leader every day – make the tough and sometimes unpopular decisions that can’t be avoided. You will ... Read more

HUD Update: NAMIC, AIA Challenge Waits as Industry Files Amicus Brief in Mt. Holly Case

September 9, 2013 As we prepare to meet in Seattle in two weeks, I wanted to give you a brief update on our efforts to prevent homeowners insurers from being subjected to the disparate impact standard by the federal government and the ensuing wave of litigation it will b... Read more

HUD Challenge Stayed as Supreme Court Set to Decide on Disparate Impact

August 21, 2013 The federal government has asked for and received a stay in the lawsuit filed by NAMIC and AIA challenging a Department of Housing and Urban Development rule applying disparate impact theory to the pricing and provision of homeowners insurance. The stay... Read more

Congress Cautions DOJ Against Interfering With Mt. Holly Case

August 8, 2013 The Mt. Holly case on the issue of “disparate impact” claims is scheduled to go before the Supreme Court during its fall term starting in October, and four members of Congress are working to ensure that it gets to the court. Sen. Charles Grassley, R-Iow... Read more

House Plans to Block Funding of HUD Disparate Impact Rule

July 29, 2013 The U.S. House of Representatives is expected to include language in appropriations legislation prohibiting the Department of Housing and Urban Development from devoting any part of its budget to enforcing a regulation applying disparate impact standard... Read more

Supreme Court Agrees to Hear Disparate Impact Case

June 17, 2013 The Supreme Court of the United States agreed June 17 to decide on the questions of whether disparate impact claims are cognizable under the Fair Housing Act, which is the basis of a U.S. Department of Housing and Urban Development Rule that improperly ... Read more

SCOTUS May Decide to Hear Mt. Holly Case

June 10, 2013 In an internal conference on June 13 the U.S. Supreme Court will decide whether it will hear the Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. case, which challenges whether disparate impact actions are allowed under the Fair Housing Act. An... Read more

Administration Brief Asks Court to Reject Disparate Impact Case as Labor Secretary Nomination Moves to Senate Floor

May 21, 2013 The Office of the Solicitor General filed a brief asking the Supreme Court not to hear Mount Holly, N.J. v. Mount Holly Gardens Citizens in Action, Inc., a case that would put the application of disparate impact theory before the court. Filed on May 17 ... Read more

Figure at Center of Alleged Disparate Impact ‘Quid Pro Quo’ Goes Before Senate Panel

April 23, 2013 The Senate Health, Education, Labor and Pensions Committee questioned Thomas Perez, the Obama administration’s nominee to be the next labor secretary, on a number of issues during an April 18 hearing, including his role in an alleged “quid pro quo” to k... Read more

House Committee Cancels Oversight Hearing on HUD

April 9, 2013 The House Financial Services Subcommittee on Oversight and Government Reform recently postponed a hearing scheduled for April 5, pushing it back to a date that is to be determined. Originally, the subcommittee planned to use the hearing to review and in... Read more

Update on Challenge to HUD’s Disparate Impact Rule

March 22, 2013 The Department of Housing and Urban Development’s rule on discriminatory effects standards became effective on Monday, March 18. The rule establishes a “disparate impact” standard that HUD would apply in determining discrimination in the pricing and pro... Read more

HUD Responds to Congressional Inquiry Over Proposed Disparate Impact Rule

March 12, 2013 The Department of Housing and Urban Development maintained its position in a letter to two members of Congress that its recently finalized rule applying the “disparate impact” standard to homeowners insurance is within its authority and does not encroac... Read more

HUD Disparate Impact Rule to Take Effect March 18

February 19, 2013 The Department of Housing and Urban Development’s controversial rule that asserts its authority to subject any homeowners insurance underwriting metric to legal challenge using the “disparate impact” threshold was published in the Federal Register on Fe... Read more

HUD Final Rule on Disparate Impact Includes Homeowners Insurance

February 12, 2013 The U.S. Department of Housing and Urban Development issued a final rule on Feb. 8 to formalize the national standard for determining whether a housing practice violates the Fair Housing Act as the result of discriminatory effect, in which HUD stated th... Read more

HUD Releases Disparate Impact Rule

February 8, 2013 As we anticipated , the Department of Housing and Urban Development today finalized a rule which makes clear it believes it is in their authority to subject any underwriting metric for homeowners insurance to legal challenge under the disparate impact t... Read more

NAMIC Federal Affairs Committee to Set Priorities for 2013

February 5, 2013 NAMIC’s Federal Affairs Committee will convene Feb. 7 to discuss the association’s public policy priorities for 2013. The committee is chaired by Mike Puerner, vice president and general counsel of Hastings Mutual Insurance Company in Hastings, Mich., a... Read more

NAMIC Maintains Pressure on HUD Over Disparate Impact Rule

February 5, 2013 NAMIC remains on the front lines of a campaign to pressure the Department of Housing and Urban Development to keep homeowners insurance outside the purview of a rule set for imminent release concerning disparate impact. In its regulatory agenda for 2013... Read more

Mayoral Change Could Lead to Settlement in Mt. Holly Disparate Impact Case

January 22, 2013 The recent mayoral election in Mt. Holly, N.J., has created some question whether the township will continue its challenge of disparate impact under the Fair Housing Act, presently under consideration for review by the U.S. Supreme Court. According to a... Read more

HUD to Move Ahead With Disparate Impact Rule

January 15, 2013 The Department of Housing and Urban Development intends to make final in February a proposed rule to apply the controversial disparate impact standard to homeowners insurance when considering violations of the Fair Housing Act At the end of 2012, the Ob... Read more

HUD Planning to Finalize Disparate Impact Rule in February / Supreme Court Considering New Disparate Impact Case

January 10, 2013 The Obama Administration’s Office of Management and Budget recently released its updated regulatory agenda for 2013, which covers the regulatory and deregulatory actions that are in various stages of consideration at federal agencies. The Current Regula... Read more

NAMIC: Expected HUD Rule Will Mean Higher Costs for Consumers

January 10, 2013 Regulations from the Department of Housing and Urban Development that could target any underwriting factor used for homeowners insurance that creates a disparate impact on a protected class, regardless of intent, could undermine the underwriting process... Read more

DOJ Responds to Congressional Request for Documents on Disparate Impact Case

November 6, 2012 As we have reported , a small group of lawmakers in Washington has launched an investigation into the controversial withdrawal of the Magner case, which was to be heard earlier this year. As part of that investigation, the Department of Justice has been... Read more

Supreme Court Signals It Will Hear Disparate Impact Case / Congress Investigating HUD

November 5, 2012 Since the Department of Housing and Urban Development proposed its rule in November of last year, NAMIC has been leading the industry in the effort to protect homeowners insurers from having the controversial disparate impact standard apply for the purp... Read more

Congressional Investigation Suggests DOJ Offers Quid Pro Quo to Stop Supreme Court From Hearing Case on Disparate Impact

October 9, 2012 Recent developments could further complicate the finalization of a rule proposed by the Department of Housing and Urban Development to give HUD authority to find entities – including homeowners’ insurers – liable for discrimination under the Fair Housin... Read more

NAMIC Public Policy Summit Videos Available on NAMIC Online

October 3, 2012 Links to full video recordings of the three panel discussions that took place during the 2012 NAMIC Public Policy Summit are now available on NAMIC Online. The summit was held on Sept. 12-13 in Washington, D.C. The online video recordings, available her... Read more

Breaking HUD Update: DOJ Offers Quid Pro Quo to Stop Supreme Court From Hearing Case on Disparate Impact

September 26, 2012 The Department of Housing and Urban Development has yet to finalize its proposed rule which claims the authority to find entities - including homeowners insurers - liable for discrimination under the Fair Housing Act using a disparate impact standard. T... Read more

NAMIC Continues to Pressure HUD on Disparate Impact Rule

July 2, 2012 Last week, the U.S. House of Representatives sent a message to the Department of Housing and Urban Development that made clear there was strong objection to the agency's plans to use a disparate impact standard to determine discrimination under the Fair... Read more

United Industry Continues to Put Pressure On HUD’s Disparate Impact Rule

June 26, 2012 Efforts continue at the U.S. Department of Housing and Urban Development to implement a proposed rule that would make disparate impact the standard by which discrimination liability under the Fair Housing Act would be determined – and HUD has asserted t... Read more

'Spotlight on Washington' Call Focuses on Proposed HUD Rule

May 1, 2012 The NAMIC Federal Affairs staff, joined by Bob Detlefsen, NAMIC’s vice president of public policy, hosted a call April 30 to discuss the Housing and Urban Development’s proposed rule on applying the controversial theory of “disparate impact” to insuranc... Read more