Issue: Instance commenters whom questioned “secure harbors” otherwise exemptions into insurance coverage and you can lending areas, certain commenters questioned that proposed laws become revised to add “safe slots” or exemptions out of responsibility to own software built to maintain sensible homes otherwise revitalize established teams. An excellent commenter expected that the final laws provide safe harbors to possess county and regional software with legitimate coverage and safeguards wants such as for example securing h2o info, promoting transportation focused advancement, and you may revitalizing teams. Most other commenters asked safe harbors or exemptions getting agencies which might be conference standards or standards mainly based because of the government or state law otherwise controls, including the Federal Credit Relationship Operate, brand new Dodd-Honest Work, HAMP and you may HARP, otherwise by government-paid enterprises otherwise people.
HUD Response: HUD does not accept that the fresh new advised safer slots otherwise exemptions off discriminatory outcomes responsibility are appropriate or necessary. The product quality thus understands that a habit could be lawful actually in the event it keeps an excellent discriminatory impression.
Issue: Several commenters conveyed question one into the complying on the this new Dodd-Honest Operate mortgage reforms, also within the choosing that people possess an ability to pay off, a loan provider fundamentally “often deal with accountability underneath the Advised Rule.”
HUD cards subsequent you to Congress created various exemptions out-of accountability for the the words of your Operate, hence in the white associated with the and also the Act’s essential remedial objectives, even more exemptions will be as opposed to Congressional intention
HUD Reaction: HUD reiterates the financial is free of charge to protect one accusations out of unlawful discriminatory consequences by the fulfilling their weight away from research on § . More over, when the era were to occur in which a beneficial lender’s operate to help you comply with the new Dodd-Honest Work was indeed confronted under the Reasonable Housing Act’s discriminatory outcomes degree of accountability, men and women same facts probably was at the mercy of an equivalent difficulty significantly less than ECOA and you can Regulation B, which also exclude credit practices with a great discriminatory feeling mainly based toward several safe features. This new Dodd-Frank Act created the Individual Economic Coverage Agency to battle each other unjust and misleading methods and you will discriminatory techniques about user monetary community, therefore offered the user Monetary Protection Agency expert to enforce ECOA.Find Dodd-Honest Operate parts 1402-1403 (enacting section 129B of Basic facts inside Financing Act “to assure you to definitely individuals are given and you will found residential mortgage loans with the terms and conditions you to reasonably mirror their capability to settle the fresh finance and that is actually readable and not unfair, deceptive or abusive,” and you will, included in that section, requiring the user Economic Cover Agency to manufacture laws you to definitely prohibit “abusive or unjust credit methods that promote disparities certainly one of people from equal credit worthiness however, various battle, ethnicity, gender, or years”); find including Dodd-Honest Act point 1013(c) (setting up the user Monetary Coverage Bureau’s Office of Fair Lending and Equivalent Chance to promote administration of reasonable lending laws and regulations, along with ECOA, and you can accentuate fair lending jobs in Bureau sufficient reason for almost every other state and federal organizations); id. point 1085 (transferring regulatory authority to own ECOA with the Consumer 
Financial Protection Bureau).
In keeping with HUD’s present Reasonable Homes Work laws, that have graphics out of strategies that break the fresh Work, the fresh new advised laws specified additional photos of these practices. The newest , rule suggested to include photos to help you twenty four CFR , and . The very last code revises such photos in the way discussed lower than.
HUD notes you to definitely, for the looking to these exemptions, new commenters appear to misconstrue new discriminatory outcomes practical, hence it permits means having discriminatory effects when they backed by a lawfully enough excuse
While the visuals inside the HUD’s present regulations include methods that will break new Work considering an intention otherwise outcomes idea, and you may proposed § (b)(6) means make which is already banned inside § (b)(4)-brand new supply from property-associated features-and § (d)(4)-the fresh supply away from municipal characteristics-that it final rule eliminates advised § (b)(6). This will prevent redundancy within the HUD’s Fair Homes Operate laws and regulations, and its own removing from the recommended laws isn’t implied while the an excellent substantive changes.